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.

Responses

  1. J. Young says:

    I worked a 3 yr contract with an employment firm. That contract ended unexpectantly and I filed unemployment. The employer called me with 2 jobs. one of the jobs was at the company that I just left and the company had a 6-month wait and I was unsure if I could return to the company. I expressed this to the employer and they said that they would check to see if I could return to the employer. I was trying to avoid rejection/embarrassment for myself and the employer. I was submitted for 2 jobs.

    The employer filed a protest saying I had refused work. I spoke with the adjudicator. (Who called me a day earlier than our call) It turns out two jobs that of the two jobs they said I had refused. they had submitted me for one and the other was the job aforementioned. the employer never got back in touch with me and I eventually applied for the job.

    The adjudicator told me that I would receive two letters in the mail in 5 -7 business days and told me to keep certifying.

    Any idea where this is landing. The employer did not tell the truth and I sent documented information to our phone call. The adjudicator said that they had cancellations and that was why he was calling a day early.

    Any ramifications for the employer not telling the truth.

    • Sam says:

      It’s the time to make a strong case for yourself. Chase the adjudicator at regular intervals and submit the required documents in your support.

  2. Teresa Wendorff says:

    I finally got the courage to do this as I now get Social Security but I doubt things have changed. Years ago when I was working I had a sales job and they did all sorts of sexist crap. They would not pay the spiffs to females. They called you names over the intercom. They would break things on products ordered and picked up by customers. People knew about it but would not come forth. When you saw something illegal going on that you were not supposed to see, you got fired. The employer lied about you to the DES and they even lied to future employers so that you never had respect once you worked at their place. The so called judges as your hearings admonished you for speaking out but there was nothing to be done unless others backed you up and they were afraid for their jobs. This still goes on. For the most part it is women judges doing the bidding of male employers. Some of these women should be asking themselves questions about the lives of others they were complicit in destroying. There never was any recourse for sexual harassment and discrimination and there still is not. Have any of these female judges ever thought to require further proofs from the employers. Has any judge ever compelled the employer to proof of sales or production exceeded by the women who have been fired? That would be the most telling. When other situations arise and the female employee has been with the company for more than five years, have any of these judges had the sense to ask if the person lasted with you that long and their last evaluation was superior enough to merit a raise, why do you all of a sudden doubt the employee? There is no common sense to these horrible women and they are there as judges because of their stupidity. The system is geared to protect only the rights of the employer so don’t be down on yourselves if you find yourself a victim because if the employer loses then you have a case! DES judges are paid to destroy people.

  3. Jerome Stoeckly says:

    Please contact me I’m going to be homeless loose vehicle they are holding my unemployment and I don’t know why I’ve been doing everything and more I’m a cancer patient and have to get to my therapy today I can’t go cause my trucks out of gas and no money

    • Sam says:

      Jerome,

      Hope you get out of this situation soon. Please let us know how we can help you. This is a private forum and our help can be limited. If you’re referring to Unemployment Insurance, please call the Claims Center for further inquiry.

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