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Appealing an Unemployment Determination

The Department of Labor will issue an Unemployment Compensation eligibility determination, informing you and the employer whether or not you were eligible or ineligible for unemployment benefits. A determination becomes final unless the appeal is timely filed. You can either file the appeal yourself (or through an attorney) if you are denied benefits or the employer can file an appeal if you are determined eligible for benefits.

For an appeal to be filed timely, the appeal must be submitted within fifteen days of the mailing date of the determination. If the fifteenth day falls on a day in which the department is closed, the next business day will be the due date. The department is closed on Saturday, Sunday, and some holidays, so please check with the Department of Labor if your appeal due date falls on a holiday. You may file an appeal late, however, a UC Appeals Referee will determine whether the reason for a late filing was of good cause. If the Referee decides the appeal was filed late but there wasn’t a good reason for it, then the original determination is final.

A claimant or employer has 15 days from the mailing date of the determination to file an appeal.

You can file an appeal yourself by mailing back the Petition for Appeal that was included in your determination letter, by using the Petition for Appeal form online, or by retaining an attorney to file for you. Following the appeal, you will receive a Notice of Hearing, which is a letter issuing you a date to attend court in regards to the unemployment benefit determination. You can represent yourself at an unemployment hearing if you choose to, but piecing together the information you need can get tricky if you aren’t experienced with unemployment laws.

If you would like an attorney who is experienced with unemployment laws, contact RMN today. RMN has three experienced employment law attorneys who are ready to fight for your unemployment benefits.

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