Unemployment benefits are designed to help people stay afloat while they look for a new job. If you lose your job through no fault of your own, these benefits can help you meet your basic needs until you find new employment.
While you don’t always need a lawyer to get your unemployment benefits, a lawyer can be incredibly helpful if you face complex issues, especially if your claim is denied or your former employer challenges your right to them.
Here’s what you need to know about hiring a lawyer for unemployment benefits claims and appeals.
Are You Eligible for Unemployment Benefits?
To qualify for unemployment, you’ll generally have to meet certain requirements. Here are some of the most common:
General Eligibility Requirements
- Involuntary unemployment. In most cases, you’ll only be able to collect unemployment if you were laid off or fired. If you quit, you may not be eligible unless you left for “good cause,” such as an unsafe work environment or a serious illness in the family.
- Meeting earnings requirements. States usually have specific earnings requirements that you have to meet during a “base period” to qualify for unemployment. For example, in Colorado, you generally have to have earned at least $2,500 in the past year or so.
- Availability and active job search. To keep receiving unemployment, you’ll have to show that you’re actively looking for work and that you’re able to accept a suitable job if one is offered. Be prepared to keep records of your job search activities.
Eligibility After Termination
Even if you were fired, you may still qualify for unemployment if the termination wasn’t your fault. For instance, if you were wrongfully terminated, if your employer ran out of work for you to do, or if you were forced to quit because of a hostile work environment, you may be eligible.
Appealing a Denied Unemployment Claim
If your unemployment claim is denied, you have the right to appeal. Here’s how that process generally works:
The Appeal Process
Keep in mind that states have strict deadlines for filing an appeal, often around 20 days from the date you received your denial notice. If you miss the deadline, your appeal may be dismissed automatically.
A formal hearing gives you the chance to offer evidence and testimony to support your claim. Be sure to submit all necessary documentation well in advance so that it can be considered.
How a Lawyer Can Help with Appeals
A lawyer can be invaluable in strengthening your case. They can help you gather and present evidence effectively, which can significantly increase your chances of a successful appeal. An attorney can also identify relevant legal arguments and precedents to bolster your claim.
An attorney can represent you at appeal hearings, where they can cross-examine witnesses and present your case clearly and persuasively. This is particularly beneficial if your case involves wrongful termination or other complex legal issues.
When is a lawyer especially helpful?
You might consider hiring an attorney to help you get unemployment benefits in certain situations, such as:
- Wrongful termination: If you think you were fired illegally, a lawyer can evaluate your case and gather evidence to support your claim. They can help you prove your firing was unfair or discriminatory.
- Employer challenges: Your former employer might try to block your unemployment claim, which can lead to legal battles. A lawyer can make sure your side of the story is heard and that your rights are protected.
- Complicated eligibility problems: Sometimes the reasons you left your job – such as quitting voluntarily, getting fired for misconduct, or turning down a job offer – can make things complicated. A lawyer can help you understand your rights and navigate these tricky situations.
To Conclude
The unemployment benefits system can be complex, especially if you’ve been denied benefits or your former employer is challenging your claim. An experienced unemployment lawyer can offer valuable advice and represent you throughout the process.
If you’ve been denied unemployment or are dealing with a complicated employment situation, consider talking to an attorney as soon as possible. Acting quickly and getting professional help can significantly increase your chances of getting the unemployment benefits you deserve.