FileUnemployment

Unemployment Adjudication and Fact Finding Mechanism

Adjudication is the legal process for settling the dispute between employee and employer.

An unemployed individual applies with the state for weekly unemployment insurance. The state’s labor department begins the process by contacting the last employer to verify the reason for termination of employment. The last employer can question the claim and based on this, the claim may be denied. The claimant may appeal a denied claim. The adjudication hearing or fact finding interview gives the applicant an opportunity to present his case for a contested claim or denied claim.

Once a valid claim has been established, it is then reviewed to determine if you, or a former employer, have provided any information that could come in way of unemployment payments.

If an issue is raised, an adjudicator will review any information that you have already provided, and if additional information is needed, you will be contacted. An adjudicator may contact you by telephone, e-mail or mail. If contacted, you must be prompt and sincere in providing a response at the earliest so that the adjudicator has all information in hand to help him decide.

An issue is a condition or circumstance that could result in the denial of benefits as required by the eligibility and disqualification provisions in law of a particular state.

Potential Reasons for Denial of Benefits

An array of issues as provided below can potentially result in delay or denial of claims filed by the applicant.

  • You were terminated (fired), you quit, or you are on a suspension or leave of absence from your last employer or other recent employers.
  • You are a school employee or worked providing services for an educational institution while in the employ of a private employer holding a contract with a public or non-profit educational institution and you are not working because you are between terms or on a vacation or holiday.
  • You are unable or unavailable to work or to accept work or you are not looking for work or you have failed to report the required contacts with prospective employers for work during a claim week.
  • You are currently attending school or training(subject to exceptions)
  • You are currently self-employed, seasonally employed or working as a freelancer.
  • You are receiving payments of some kind from a recent employer that includes severance.
  • You refused a suitable job offer or you refused a referral.

The reason for separation from your last employer usually determines whether you are eligible to receive unemployment benefits. If you have not earned the minimum amount as prescribed by the state, then there can be a roadblock that will stop you from qualifying. The adjudicator is required to investigate your separation(s) by finding out why you left the job(s) in case the claim is contested by either of the parties involved. The adjudicator must determine if you were separated from the employer(s) under conditions that might disqualify you from receiving unemployment compensation.

Upon completion of investigation, the adjudicator will issue a written determination(s) which is mailed to you and the employer(s). If there are multiple determinations, all must be favorable in order to receive benefits. For example, if you worked with three different employers and two determinations are favorable and one determination is not, the entire claim is denied and payments cannot be made until that disqualification has been satisfied.

Note: You will be contacted only if information is needed in addition to the information you provided when you filed your claim. Please note the adjudication process can take two to six weeks from the time an issue is raised until a determination is made.

Appeal Process

You may request an appeal whenever a determination is not favorable to you.  Instructions and procedure for filing an appeal are provided on the website of the state. Assistance is also provided over the phone by the customer service/claims helpline of the labor department.

You must complete the form and submit the appeal using the Internet or you may request an appeal in writing posted to the relevant office in your state.

It’s imperative that you keep self updated on the appeals mechanism available in the state labor unemployment laws. If you think your unemployment will last for a longer duration/believe that the claim filed by you may not easily pass through the regular approval process, you must have sound acquaintance with the basics to face any surprising encounters.

    1. Jose,

      We’re not a scam or a fraud website:) fileunemployment.org has been around for more than 10 years and we’re one of the leading forums for unemployment insurance and unemployment in general. Our daily visitor and patron base is of considerable size and we truly believe in being a center for jobless workers to access resources and share their queries.

  1. I’m attemptiing to file my first weekly claim since my layoff, however, my PIN# is not correct. what do I do to get my correct PIN# , please?

  2. I have exhausted my unemployment benefits in Texas but my calendar year does not end until September. Do I have to wait until the calendar year is over in Texas, to apply for unemployment benefits in New York in which I have available quarters?

    1. Mattie,

      As much as I am aware, UI benefits are only a one-time cycle. Please call the Claims Center for clarification.

  3. Help ran out of unemployment benefits for the pass 8 years i have worked at Hexion speciality chemical plant in Brady Texas how can i get my benefits extended

    1. Roderick,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

    1. Annette,

      You can visit the official website of the Unemployment Office and ‘login’ to check the claim status. Alternatively, you can also call the Claims Center.

      PS: It should not take 6 weeks to process the initial claim. Please chase at regular intervals.

    1. Jocelyn,

      Unemployment is offered to claimants who’re able and available for work. Please call the Unemployment Office to ascertain if you can apply.

  4. I have been working for the same company for the past 11 years. I started out cleaning apartments, then landscaping and finally Asst. Manager for the past seven years. However, the owner/ manager had us all sign papers claiming we were “Independent Contractors.” I worked Monday thru Friday from 8am – 5pm the entire 11 years. Obviously, in reality, we had Never been “Independent Contractors.”
    Finally, October 2018 we became employee’s. On May 10, 2019 he sold the business which puts us all out of work. I tried filing for unemployment, but, I don’t have enough quarters in. Assuming I’m still out of work, can I wait for the next quarter to end, thus giving me the 2 quarters I need or will it not make a difference.

    1. Lea,

      Why don’t you look at alternate based period? Please use the link below to access the Base Period calculator.

  5. I have been working as an hourly employee for the last 4 months. Currently the board of the nonprofit agency came to me and told me that I had to file a 1099 or go to part time or find a new job. I have a scheduled time that I report to work. What are the laws here in Florida about who can receive a 1099

  6. I am unemployed and currently going to a community college. How can I apply for federal assistance?

    1. Carol,

      If you’re able and available for full-time employment, you can directly go to the website of the Unemployment Office and apply.

  7. I have worked in AZ since March 2016. However, I moved lived and worked for my employer in CA since 08/02/1982. Can I apply for Cali unemployment benefits?

    1. Robert,

      You should be applying from the state where your employment was based. Employers generally remit unemployment taxes to the state where the employee is based.

      1. How long does it take Washington state unemployment to deposit your back pay after they receive the determination letter from OAH stating I won my appeal?

  8. I have been trying for over a month to file and I still do not seem to be able to do it, but I finally got to the correct place, I think.

  9. Cumberland NJ Unemployment Center kept me on hold for 2 hours; I finally had someone answer my call, after providing my information and question regarding the status of my NJ Unemployment Claim the representative disconnected my call.

  10. Excellent list of things to help execute better. Even taking 3 or 4 of these that one does not currently utilize could help immensely.

    1. How did you calculate the total weekly Illinois benefit of $1495? Also, why isn’t Washington and Minnesota listed in your top 5 states with the highest paid unemployment insurance compensation?

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