Denial of Unemployment Benefits in Wisconsin
LOOKING FOR ADDITIONAL INFORMATION?
Wisconsin residents who were denied unemployment coverage can appeal the decision, but workers who would like to do so are urged to make sure they have valid reasons to do so, first. One of the first things to do when denied unemployment benefits is to read the notice of denial that was sent. When an unemployment compensation benefits denied letter is delivered, by law, the state has to notify the claimant and list out the reasons for the denial. To learn more about denied unemployment benefits in Wisconsin, and what can be done about it, select from the following topics:
- What can I do if unemployment denied me benefits in Wisconsin?
- Wrongful Termination and Denied Unemployment in Wisconsin
- The Unemployment Denial Appeal Process in Wisconsin
What can I do if unemployment denied me benefits in Wisconsin?
When a worker is denied unemployment benefits, it can be upsetting. However, if upon further review of the denial letter, a worker in Wisconsin believes that the determination is in error, there are options. Sometimes, the denied unemployment benefits are a result of an incomplete application, or an unintentional error on the unemployment application. Denied unemployment in WI can also be caused by name changes or name misspellings. Failure to file within the allotted two weeks after the termination period is also a common reason for denial. Prior to considering an unemployment denial appeal, the reason for denial must be examined.
The next step to take for denied unemployment coverage is to file a formal appeal of the decision. This can take a while to initiate, so do not expect a quick response. If the worker has listed the reason for losing work as having quit a job, then the worker may need to petition the Wisconsin Department of Workforce Development (DWD) and submit a wrongful termination form to support the appeal request.
Wrongful Termination and Denied Unemployment in Wisconsin
Wrongful termination in Wisconsin occurs when a worker lost his or her job for reasons he or she did not cause. Such reasons could be harassment in the workplace, payroll checks that bounced, a disability that made working at the job impossible or that the company was relocating at a distance that was not possible. Each individual claims case is evaluated on its own, so if a worker was denied unemployment benefits due to the claim that the worker quit a job, then the worker may wish to file a wrongful termination appeal. This will indicate that the loss of the job was not the worker’s fault, and that it was not due to negligence or inappropriate behavior. By law, a worker who has lost a job through no fault of his or her own, even if he or she quit, is still eligible to apply for unemployment benefits. To claim wrongful termination, the worker must have concrete proof, as well as witnesses, to support the termination reason. To learn more about how to file an unemployment appeal due to wrongful termination, download our free guide.
The Unemployment Denial Appeal Process in Wisconsin
Workers who feel they have case to appeal can submit unemployment denial appeals within two weeks of receipt of the denial letter. An appeal for denied unemployment should be submitted within at least 15 days from the date of the postmark on the letter, but if there are circumstances that make this impossible, the worker can contact the DWD to make other arrangements.
The unemployment benefits denied letter will most often come with an appeal form already included. The worker can complete the form and submit it by mail to the claims center, or fax it to the number provided. With the unemployment denial appeal form, the worker can enclose a letter of explanation to discuss the reasons why he or she believes the decision should be overturned.
While it is not required, many who file unemployment denial appeals obtain the advice or services of lawyers. If the denied unemployment appeal is filed, and the worker is still denied unemployment coverage, then the case can be appealed at a secondary level within 15 days. The appeal will go to an official referee who will review the entire case one more time. If the referee upholds the unemployment denial, then the worker can opt to have it independently reviewed by the official UC Board of Review. This is the last round of the appeals process, and if the Board determines that the applicant’s claim is valid, then the unemployment denial verdict will be rescinded, and the worker can begin receiving benefits. If the Board determines that the worker does not have a claim for wrongful termination, or that the worker did not meet other qualifying criteria, then the worker does not have another option to further appeal.