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Yes, but do so as quickly as possible. Once you receive your denial in the mail, you typically have between 10 and 30 days to request an appeal. Each state has its own procedure, so after your hearing is scheduled you may want to contact your local unemployment office or state agency for specific information regarding the appeal process. Remember to continue claiming weekly benefits for any week that you are unemployed during this time.
The appeals process generally operates the same way, whether it is initiated by you after a denial of benefits, or by your employer after you have been awarded benefits.
There are many reasons why an employer may appeal the grant of unemployment benefits. Currently, employers pay taxes that contribute to unemployment benefits. Their tax rates are dependent upon the number of employees filing claims. An employer may try to minimize the amount of taxes they have to pay by appealing every determination they receive.
An employer may also simply disagree that you are eligible for benefits. They may claim that you quit without good cause, engaged in misconduct, or violated workplace policies. Fortunately, you will be able to present witnesses and evidence at the hearing to prove your employer wrong.
You can either hire an attorney or represent yourself in the hearing. The process is designed for non-lawyers, so don\'t be intimidated if you don\'t have a lawyer. Every day thousands of unemployed workers win UI benefit appeals without the benefit of a lawyer. However, an attorney can help guide you through the appeal process and provide peace of mind. There may also be low-cost legal aid available to you in your area.
If your employer is appealing (and has a practice of appealing all or most unemployment claims), then be prepared for your employer to have a lawyer or to use an agency which specializes in opposing unemployment claims.
"Hope is important because it can make the present moment less difficult to bear. If we believe that tomorrow will be better, we can bear a hardship today."
–Thich Nhat Hanh Vietnamese Buddhist Monk, Teacher, Author, Peace Activist
from The White House