Fight a Denial of Unemployment
Last year, Robert Smith (names changed to protect identity) arrived at work to an announcement that he was one of several employees who was being let go as part of a company downsizing. “The company had been letting a few people go every week, so I knew that my job was in danger, too.” Like anyone about to lose his or her job, Robert began to take certain steps. “I started saving everything I could into an emergency fund, and I began to collect my past performance evaluations and update my resume.” When the announcement came that Robert had lost his job, he was upset, but he assumed that since he had been laid-off he would be eligible for his state’s unemployment benefits. “I was shocked when I got a letter two weeks after being let go saying that my benefits were denied because my company claimed I was fired for insubordination”.
As the economy worsens, many companies are being forced to lay-off employees. Every time a company lays-off an employee, however, its unemployment insurance premiums go up. In order to save money, many companies will simply lie to the state Unemployment Agency; by saying that these employees quit or were fired so they can lay-off the employee and not see an increase in their insurance premiums.
For the former employee however, this attempt to save money can mean a denial of unemployment benefits. In Robert’s case, this meant he had to rely solely on his savings until he found a new job. “Of course, if my former boss was willing to lie to the Unemployment Agency, there was no way I could count on him for a good reference.” If you find yourself in Robert’s position, you can appeal the decision made by the unemployment agency, and claim your benefits.
Ideally, start protecting yourself before you get laid off. Keep copies of any formal evaluations, recommendation letters, and even e-mails from your supervisor praising any work you’ve done. Keep these copies in a safe location at your home. Too many employees find out they are getting laid off after their access to company computers and e-mail systems has been revoked.
If you don’t have any documentation of this sort, gather together anything you have showing your work. Make copies of pay stubs and tax returns that can prove you were given a raise. Also consider asking close current and former co-workers for letters of recommendation and/or descriptions of the work you performed. Often former co-workers will be your best source for this; they will typically be the most willing to share their negative experiences with your former company. Of course, carefully consider who to ask. The idea is to put together a history of your former company lying to the Unemployment Agency, not to sound bitter and resentful towards your former employer. In Robert’s case, he used two old pay stubs to show he had been given a 5% raise just six months prior to being let go. He also contacted other people whom he knew had been recently laid-off by his former company and compiled a list of former employees who had been denied unemployment benefits for similar reasons over the past several months.
Compile all of this information together in the format request by your unemployment officer or representative. When talking to this person, always stay calm. Wait times are long for many state agencies, and many officers are overworked. Be patient and be friendly. Although you are most likely panicking about your situation, give your agent absolutely no reason to suspect that the claims against you are true.
Finally, be persistent. If your first appeal loses, keep trying. In Robert’s case, several of the former co-workers he contacted told him that they gave up after their first appeal. “My company was very good at keeping their side of things consistent. They even went so far as to encourage other employees in my department to lie.” Luckily, Robert took notes during every appeal hearing, and was able to catch one or two of them with their inconsistencies. As time wore on and the company continued to lay-off employees, more of them filed appeals, forcing the Unemployment Agency to take a hard look at the company. After three months, Robert was allowed to start collecting benefits.
