You have a right to appeal to the Board of Review, but they will generally not accept new evidence. Boutique law firms are not a one-stop legal shop, and thats a good thing. The investigator will analyze the information provided by the employer and may interview the employer to gather additional insights. When we receive your request, we will send you 2 letters, either electronically or by U.S. Mail, depending on the method you selected when you filed your claim for benefits. How To Calculate Your Unemployment Benefits, What To Do After Getting Laid Off or Fired, How To Determine if You Should Contest an Unemployment Claim. 2. The judge will look at the reasons you quit using what the law calls a "reasonable person" standard. If you know you won't be able to attend the hearing on the date scheduled, send a written request for the hearing to be postponed. Also Check: What Ticket Number Is Pa Unemployment On. Dontsend the judge a long written narrative of your case before the hearing. If you have not already done so, download the audio recording of the hearing from your OAH Participant Portal. If you do decide to cross-examine your former employer or other witnesses, avoid asking questions to which you don't know the answer. In your appeal, state the following: I want to appeal the denial of unemployment benefits because I disagree with the decision. You have 30 days from the date on the decision to send an appeal. In this situation, it is really important for you to tell Unemployment that you didnt actually quit. Keep in mind that whether you quit or were fired typically determines who has the burden of proving your eligibility (or ineligibility) for benefits. Listen to the recording and find the parts that help show that you quit for good cause or were not fired for misconduct (or whatever the issue you are appealing may be). Alison Doyle is one of the nations foremost career experts. Keep in mind that your former employer most likely has a lawyer if not a whole team of lawyers working on its side to prove you're not eligible for benefits. Set yourself up in a quiet room where you won't be interrupted and there won't be a lot of background noise. You should write on either letter that you sent a copy of your Petition for Review or your response to your former employer or its representative, and then do so. A lawyer can also be very helpful if a party is not comfortable speaking publicly or confronting witnesses on the other side. Prepare for your hearing by looking at your state's unemployment laws so you can prove your case. Therefore, it is critical that you continue to certify for benefits while you are awaiting your appeal. States vary on how they define good cause, but most allow reasons such as unsafe working conditions, workplace harassment, or your own medical issues. Keep in mind that you don't have to cross-examine your former employer, or any of his or her witnesses, if you don't want to do so. That means if you left your job voluntarily, you usually wont qualify for unemployment. You can mail or fax your written appeal to the Employment Security Department, which will forward it to the Office of Administrative Hearings. Keep a detailed record of the places where you've applied to work, the position to which you applied, and any other relevant details such as the date you applied, the date you followed up, and whether an interview was scheduled. If your employer appeals your right to benefits and the appeal is decided against you, youll have to repay any benefits you received. 2. Then the state holds a hearing either in person or over the phone where all interested parties can submit evidence that proves their side of the case. Thats not a quit. But what if your claim is denied? Still, there are strategies for beating an unemployment claim that will help better your odds at any stage of the process. After the judge's introduction, both you and your former employer will be sworn in. This is especially important for employers, who often have access to and control over the relevant witnesses. After you have filed a claim and provided information to the Employment Security Department (ESD), you will receive a written notice by mailthat will allow or deny you unemployment benefits. In other words that you had no choice but to leave. If coworkers are willing to provide statements about your situation, those may be helpful as well. Step 1: Eligibility If you're out of work and not sure if you're eligible for unemployment benefits, apply anyway. If you had a problem, such as harassment, discrimination or health problems, you must have tried to work out the problem with your employer before you quit. The amount of unemployment tax an employer pays is based on the number of unemployment claims in the employers account. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/04\/Win-a-Local-Election-Step-2.jpg\/v4-460px-Win-a-Local-Election-Step-2.jpg","bigUrl":"\/images\/thumb\/0\/04\/Win-a-Local-Election-Step-2.jpg\/aid6904439-v4-728px-Win-a-Local-Election-Step-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"