Tuesday, December 10, 2013

So How Exactly Does Unemployment Disqualification Work

Unemployment


Whether the economy is on a booming path or in a decline, there are always going to be people who are out of work through no fault of their own. This is the way the economy functions, and there is a built-in 2 or 3 percent unemployment rate that will never entirely disappear. That said, people who have been discharged via layoffs or some other occurrence that was not their fault are usually entitled to unemployment compensation through the state. However, many people find themselves unable to collect these benefits because of some sort of disqualification. The reason may be a challenge on the part of the employer, a loophole in the system or outright ineligibility, but there are many reasons why an individual may find herself without an unemployment check.


Disqualification


Claiming unemployment involves going through the state's unemployment agency. This can be done in person or--in many cases--online. In some very rare cases, a former employer will make the claim for the employee who is being let go. Qualifying for unemployment will involve very little effort, in most cases. Being fired with justifiable cause is one reason why an individual may find himself unable to collect. Not having had the job long enough may also entail a reason for disqualification. Quitting a job is usually a reason for disqualification, but not always. States vary on their rulings in this area. One of the most common reasons for being disqualified for unemployment is being "unable to work." Unemployment compensation is paid to citizens with the caveat that they are able to work and are actively seeking work in the meantime. If a person is disabled or otherwise unemployable, he may be disqualified from garnering unemployment benefits.


Fighting Disqualification


If an individual is disqualified from unemployment benefits but believes she has a case, she can appeal the decision. Before doing this, it might be wise to contact an employment attorney to get some advice about how best to move forward. Barring that, it will be important to gather all materials and relevant information that will help the individual present her case. These will include W-2 forms, tax returns, a log detailing the search for gainful employment, or anything else that might refute the reason the state is denying that individual benefits. After the evidence is gathered, a letter of appeal should be written and sent to the unemployment agency. The case will then be brought up again, with the new evidence being taken into consideration.









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