Unemployment Insurance

Have you been denied unemployment insurance? If so, you have a right to appeal the decision. This article explains the appeal process.

Main Points

  • If you lose your job, you may get unemployment benefits.
  • Apply right away. Do not wait.
  • File your claim every week, even if you are denied.
  • You have the right to appeal.
  • Many people win benefits on appeal.

What To Do First

About Tax Refunds

  • Some people overpaid taxes on unemployment pay.
  • The IRS is sending refunds to millions of people.
  • Check the IRS website to see if this applies to you.

If You Are Denied Benefits

  • Do not stop.
  • You can appeal the decision.
  • You only have 14 days to appeal.
  • Keep filing weekly claims while you appeal.
  • If you win later, you may get paid for benefits you would have received.

How NHES Decides Your Case

Your Earnings

  • NHES looks at how much you earned before you lost your job.
  • Make sure they have all your wages correct.
  • Your pay history affects:
    • If you qualify
    • How much you get each week

Why Your Job Ended

  • NHES talks to you and your employer.
  • They decide based on the facts.
  • Why your job ended matters a lot.

If You Quit Your Job

You usually do not qualify if you quit.
You may qualify if you had a good reason caused by your job, such as:

  • Unsafe or unhealthy work
  • Big cuts in pay or hours
  • Harassment or discrimination
  • Domestic violence
  • Medical reasons (with a doctor’s note)

Tip: Explain clearly why you had to leave.

If You Were Fired

  • You may be denied if you were fired for serious rule-breaking.
  • One small mistake is usually not enough.
  • Repeated carelessness or a serious rule break can count.

You can still appeal if you disagree.

If You Were Laid Off

You usually qualify if:

  • Your employer gave no reason, or
  • The reason was not your fault, or
  • You could not return after illness or approved leave.

The First Decision

  • An NHES worker reviews your case.
  • This person makes the first decision.
  • This decision is not final.
  • You can appeal within 14 days and ask for a hearing.

How To Appeal

The Hearing

  • You ask for a hearing online or in writing.
  • NHES schedules a hearing with the Appeal Tribunal.
  • The hearing is informal but very important.
  • A hearing officer listens to both sides.
  • The hearing is recorded.
  • You get a written decision later.

How To Get Ready For The Hearing

  • Ask your employer for your full work file. (See RSA 275:56)
  • Ask for:
    • A list of witnesses (See Emp 207.24)
    • Copies of documents they may use
  • Bring:
    • Papers that support your story
    • People who saw what happened

Everything you share becomes part of the record.

Your Rights At The Hearing

  • Tell your side of the story.
  • Ask questions of witnesses.
  • Object if someone talks about things they did not see.
  • Ask for fairness if the process feels wrong.
  • Bring a lawyer or advocate if you want.

Free legal help may be available. Contact 603 Legal Aid.

After The Hearing

  • Read the decision carefully.
  • If you lose, you can appeal again.
  • You have 14 days at each appeal step.
  • Appeals can go up to the New Hampshire Supreme Court.

Keep Filing And Job Searching

  • File your claim every week.
  • Look for work every week.
  • Keep a list of:
    • Employers you contact
    • Dates you apply or interview

You can lose benefits for any week you do not search.

Being Available For Work

  • You must be ready and able to work.
  • You must look for full-time work if possible.
  • You may still qualify if:
    • You can only work part-time (20+ hours), or
    • You have medical limits (with proof)

Tell NHES about any limits right away.

If Your Employer Appeals

  • You may keep getting benefits during the appeal.
  • If you lose later, you may have to pay the money back.
  • You do not have to repay if you win the next appeal.

Extra Help: Trade Adjustment Assistance

You may get extra benefits and job training if:

  • You lost your job because of foreign imports.

Ask NHES or contact 603 Legal Aid to apply for legal help.

The Appeal Process Can Work

  • Many people win on appeal.
  • Do not assume you have no chance.
  • Meet all deadlines and keep records.

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