San Francisco, CA employment attorney Traci M. Hinden talks about fighting your unemployment denial. She explains that, for a long time, unemployment claims involving employees who voluntarily quit were often automatically denied. She notes that she is unsure whether this was due to the volume of claims handled by unemployment agencies, rising unemployment rates, or the training of the personnel making the initial decisions, but she observed that these claims were frequently denied at the outset.

She explains that employees whose claims are denied generally have the opportunity to request a hearing and present their case, and many of these initial denials are later overturned. In fact, she believes that a majority of them may ultimately be reversed. She emphasizes that employees should not assume an initial denial means they are ineligible for unemployment benefits.

She clarifies that unemployment eligibility can depend on whether the employee committed serious misconduct. For example, if an employee was fired for a legitimate reason asserted by the employer, such as engaging in harassment or continuing to commit an illegal act after being instructed not to do so, the employee may be disqualified from receiving benefits. However, absent serious misconduct, she encourages employees who have been denied benefits to challenge the decision rather than simply accepting the denial.

She recommends that employees consider seeking legal counsel to determine whether they have grounds to contest the denial and to understand their rights and options. She also cautions employees to pay close attention to the deadline for responding to an unemployment denial, noting that they may have only approximately 20 to 25 days to take action. She emphasizes that timing is critical because missing the response deadline could affect their ability to challenge the decision.