My unemployment claim was denied. The employer says I was fired for cause but I was actually laid off. How do I appeal?
You have the right to appeal, and a large percentage of denied unemployment claims are overturned on appeal. File your appeal within the deadline stated on your denial notice — this is typically 10 to 30 days and is strictly enforced. In your appeal, focus on the facts: when and how you were told you were no longer employed, whether you received any written termination notice, what reason was given at the time, and whether you were offered severance. Gather supporting evidence including any termination letter or email, your final pay stub, any communication about the reason for separation, and contact information for witnesses who can confirm you were laid off rather than fired. At the hearing, which is usually conducted by phone, you will have the opportunity to present your side and question the employer representative. The hearing officer makes a decision based on the evidence. Key point: the employer has the burden of proving misconduct if they claim you were fired for cause. If they cannot provide specific documentation of misconduct and progressive discipline, you are more likely to win. Many legal aid organizations offer free representation for unemployment appeals.
