Unemployment denied: how to appeal and what to do now

The first three things to do

• Find the deadline on the determination notice and file the appeal before it. A short appeal that says “I disagree” is enough to start in most states; you can add detail at the hearing.
• Keep requesting benefits every week. In nearly every state you must keep filing weekly claims during an appeal, because if you win you are paid only for weeks you claimed.
• Save everything: the notice, the employer’s statement, your emails and texts about the job ending, and your own notes with dates.

Why claims are denied

• The employer says you were fired for misconduct, or that you quit without good cause.
• The state decided you are not able, available or looking for work, often because of a missed work search entry or an unreported absence.
• Not enough earnings in the base period, the first four of the last five completed quarters in most states. A state may count a later quarter if you ask.
• An identity check or a document was not completed in time.
• A question on your claim was answered differently from the employer’s record. Answer every question accurately, because a mismatch, even an innocent one, delays or denies a claim.

The hearing

The first appeal is usually a hearing by phone or video before an appeals referee or administrative law judge. Both you and your employer can speak, bring documents and call witnesses. It is more informal than court, but it is a record.

Read the notice that schedules the hearing, send your documents to the office by the date it gives, and call in on time. Tell what happened in order, with dates, answer only the question asked, and do not guess. If you need a witness who will not come voluntarily, ask the office whether it can issue a subpoena.

You can bring a representative. Many state legal aid offices handle unemployment appeals at no cost; search for legal aid in your state. If you lose, a second appeal to a board of review is available in most states, and after that, court.

An overpayment notice

An overpayment notice means the state says it paid you more than you were due. It is a separate decision from a denial and has its own appeal deadline, so read it and appeal on time if you disagree with the amount or the reason.

If you were paid by mistake and did nothing wrong, most states allow a waiver of repayment when repaying would be unfair or a hardship; the standard varies by state. If you must repay, ask for a payment plan, and do not ignore it: states can withhold tax refunds and future benefits. If the notice accuses you of fraud, get legal help before answering.

While you wait

Appeals can take weeks to months. Plan the money part now with the layoff runway calculator, look at the other help you may qualify for in the funding guide, and keep your job search going. A hearing win is back pay, not a reason to pause.

• Funding for laid-off workers
• Unemployment benefits by state

Frequently asked questions

Free tools for this

• Unemployment benefit estimator: about how much you could get
• Layoff runway: how long your money will last