UNEMPLOYMENT BENEFITS
Unemployment benefits are paid to individuals who are laid off from their employer. There is no problem when there is a true lay off due to lack of work. There are however times when an individual is either fired for cause or quits the job. Under these circumstances there are penalty waiting periods before someone can collect. Before someone is denied unemployment benefits they are given the right to attend a hearing before a hearing official who determines whether the individual was fired for cause or quit for no reason.
If an employer challenges an individuals right to collect unemployment benefits the employer must produce evidence at the hearing as to grounds for the termination or evidence that the individual quit for no legitimate reason. Grounds for disqualification are numerous and left up to the decision by the hearing official. There is an approval process that an individual can file if they lose at the unemployment hearing level.
Many employment claims are disputed and should not be taken lightly by the applicant. One should be prepared to present witnesses if necessary if there are factual issues as to the reason for the termination. Also, if an individual quits because of working conditions, they can present evidence that they were forced to quit because of the working conditions. This is known as a constructive discharge and can be argued by an applicant.
