File the Appeal as Soon as Possible
Video Transcribed: Can you still get unemployment benefits if your claim is denied? Hi, my name is Jason Sorensen. I’m an Oklahoma attorney here at Wirth Law Office.
Today we’re going to be discussing getting unemployment benefits after your claim is denied. So the short answer is, yes. You definitely can get unemployment benefits even after your claim is denied. It’s actually relatively simple for an employer to get those benefits denied. It could be as simple as them stating that you were fired for misconduct, or stating that you voluntarily left the job, but you can still file an appeal after your employer says that to the Oklahoma Unemployment Office.
When you do get denied, your denial letter will contain instructions on how you can file an appeal, usually by making a call to the Unemployment Office or filing something online. But you only have 10 days to file that appeal, and if you don’t file within those 10 days, you can lose your right to do so. It’s very important that you file within those 10 days because Oklahoma is pretty strict on keeping in those timeframes and filing things on time. Make sure that you file that within 10 days.
And so after you do call and file your appeal claim, you’ll be mailed a response, and that response will have a date and time of your hearing. At this hearing, they’ll go over your unemployment claim with both you and your employer, and this is usually done over the phone. The hearing officer will call both you and your employer, your representatives, and any witnesses that you have. The hearing officer will act as a judge to hear both sides out and make a determination about whether you do qualify for unemployment benefits.
The burden will still be on the employer to show that either you were fired for misconduct or that you voluntarily left your job. And then you will get a chance to state why the employer is wrong and why you weren’t fired for misconduct, why your actions don’t amount to misconduct, or that the accusation that you voluntarily left the job is just untrue.
The hearing officer will hear both sides out and then they’ll make a decision based on those facts and the evidence presented to them. And then usually in a week or two, the hearing officer will make that decision and both sides will be mailed out the response. And then if you do get the decision in your favor, then you can then qualify for unemployment benefits.
This is just basic information. If you have any more questions about the appeal process, or you need some help with the appeal process, then you can visit us at makelaweasy.com to get in touch with an unemployment lawyer in Tulsa.