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
- What To Do First
- About Tax Refunds
- If You Are Denied Benefits
- How NHES Decides Your Case
- If You Quit Your Job
- If You Were Fired
- If You Were Laid Off
- The First Decision
- How To Appeal
- How To Get Ready For The Hearing
- Your Rights At The Hearing
- After The Hearing
- Keep Filing And Job Searching
- Being Available For Work
- If Your Employer Appeals
- Extra Help: Trade Adjustment Assistance
- The Appeal Process Can Work
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
- Contact New Hampshire Employment Security (NHES).
- Apply online or call 1‑800‑852‑3400.
- NHES will send you a letter saying if you qualify.
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.