Our Rogers County unemployment lawyers can help you file an unemployment appeal. if you’ve been denied your claim you don’t have to go it alone. You’d think it would be easy to collect your unemployment. You go to work for someone. They pay you and take money from your check each week. This money gets paid to Oklahoma unemployment as your unemployment insurance. To bad it’s not that simple. From the bureaucracy itself slow boating your claim on to the employer denying it, its made harder than it needs to be. The process doesn’t have to be so hard. If you’ve been denied unemployment benefits you have the right to appeal the denial. You also have the right to pick your own unemployment appeals lawyer in Rogers County. This is where our Claremore attorney come in.
My Claim Was Denied, Now What
If your claim is denied there are many rules you must follow if you want to appeal. Not only is there a time limit for filing the appeal there is a certain way the appeals trial goes. The first thing is that the appeal must be filed within 10 days. The 10 day period is strictly enforced by the unemployment office. If you miss this date they will not give you any additional time to file.
Once the appeal is timely filed your appeals hearing is scheduled. This is done telephonically. It also involves specific rules for how it’s carried out. The appeals hearing also has specific rules for presenting your evidence and what evidence is relevant to your case. Your employer is usually represented by their attorney or some one from the employers office. You have the right to representation by an unemployment appeals attorney.
Qualify For Unemployment Benefits
You must work for six months and have earned $1,500. From here the formula looks at your average weekly pay rate to determine how much you get in weekly benefits. You must have also paid in to the unemployment insurance fund. This is done when your employer deducts taxes from your weekly paycheck.
You must have lost your job through no fault of your own. Sometimes this may be a tricky thing. Generally this means you must be unemployed because of a layoff or the closure of the business you worked at. If your employer fires you or you quit you may still be eligible for unemployment but you may have to appeal an initial denial.
During your periods of unemployment you must be looking for work. You don’t have to take just any job but what job you have to ultimately accept depends on how long you’ve been collecting unemployment.
If I Quit Can I Get Unemployment
This is not an automatic disqualifier for unemployment benefits. If you quit for good reason you will likely still be eligible for unemployment benefits. A good reason is not because you wanted to go on a vacation and you didn’t want to work anymore. A good reason is defined under Oklahoma unemployment law. It includes things like the job was dangerous to your safety, the workplace was hostile, or you were being harassed by your boss.
I’ve Been Fired Can I Get Unemployment
This is not an automatic disqualifier or qualifier. If you were fired for misconduct then you’re likely not be eligible. The rub is in determining exactly what qualifies as misconduct. Just because your employer calls it misconduct doesn’t necessarily mean that it is. At an appeals hearing if the employer can’t prove certain kinds of misconduct and you can prove that it wasn’t misconduct at all you’ll get your benefits.
How Much Does Unemployment Pay
A base period is 4 of the last 5 completed quarters. The quarters are as follows: 1st- January-March, 2nd- April-June, 3rd- July-September, and the 4th- October-December. You do not include the current quarter. This is used to determine your eligibility and the benefit amount you will receive.
How Long Does Unemployment Last
Benefits can last up to 26 weeks. The benefits may be shorter than this. They will stop if you fail to meet the requirements for unemployment. They’ll also stop after you are employed on a full time basis again. They may be reduced if you are working part time, but you may continue to receive a reduced amount.
Unemployment Appeals Lawyer Near You
If your claim was denied don’t hesitate to contact our Rogers County unemployment lawyers. We have the knowledge necessary to win your unemployment appeals case. Because your employer denied the claim doesn’t mean the case is over. In many instances it’s not. Your entitled to hire an appeals lawyer and fight the case.