Losing a job is hard. It will be difficult enough to manage on unemployment benefits until a new job is found. What would happen if the employer successfully challenged the unemployment claim and no unemployment payments would be arriving? That could be catastrophic.
Denial of Unemployment Benefits
There are only a few reasons for the denial of unemployment benefits in Massachusetts:
• The employee quit.
• The employee broke a company rule.
• The employee purposely did something wrong.
• The employee was convicted of a crime.
An appeal is usually based upon:
• Proof that the employer’s claim is mistaken or a lie.
• Proof that the employee had a good reason for the action.
The Deadline for Filing an Appeal
There is a 10-day deadline for filing an appeal. It’s possible that the deadline could be extended to 30 days, but there must be an excellent reason, such as hospitalization.
The Appeals Hearing
Both the ex-employee and the employer will attend the hearing. Expect the employer to arrive with as much proof as possible to prove his reasons for the termination. An attorney is not required, but most ex-employees do not want to attend the hearing alone.
Why Would an Employer Want to Deny an Unemployment Claim?
Money. Every time a former employee receives unemployment benefits, the more likely it is that the employer’s unemployment insurance contributions will increase.
Appealing after Unemployment is Denied
The following cases are examples of successful appeals after an employer has challenged the former employee’s right to collect unemployment benefits.
The Fired School Bus Driver
After making a mistake on her route, a Hampden County school bus driver was fired. Her employer then challenged her right to collect unemployment. She was left without any income. Her case was ultimately appealed to the Boston Board of Review, allowing the school bus driver to collect months of retroactive unemployment benefits.
When an Employer Doesn’t Tell the Truth
In Berkshire County, an acupuncturist’s employer denied unemployment benefits, claiming that he fired the acupuncturist because of alleged financial misconduct. After a two-day hearing, the attorney, experienced in employment law in Northampton, MA, was able to prove that many of the employer’s charges were not true. The acupuncturist collected his unemployment benefits.
Not every appeal will succeed. Attorney Olin, with the law firm of Connor Morneau & Olin, was able to use his experience and knowledge to assist the school bus driver and the acupuncturist. If you need skilled representation with employment law in Northampton, MA, consumer law, or union law, schedule a consultation before the deadline expires.