Unemployment benefits vary in sizes from $400 per week to $11,000 per year. If you have applied for unemployment, but have been denied, it is best to hire a Las Vegas attorney right away. Tony M. May, P.C. provides legal representation for individuals needing assistance appealing an unemployment benefits decision. If you have been denied unemployment, it is extremely important to act quickly as you only have 11 days to file an appeal. Our skilled team has years of experience handling a variety of claims, and we will file an appeal on your behalf.
Unemployment Law Eligibility
For an individual to qualify for unemployment, they must meet several qualifications including:
Sufficient earnings within the base period of a claim
Wholly unemployed or employed less than full-time and have earnings less than their weekly entitlement
Must be found to be unemployed through no fault of their own
Must be available to seek and accept work customary to normal occupation
Physically and mentally able to work at the time the claim for benefits was filed
Must not refuse suitable work when offered
A person needs to work in employment and be paid sufficient wages within a certain time period before they can file a claim. The work must be covered employment, even if it is not required to be work performed in one state. The majority of employers are covered by unemployment insurance, but there are some that are exempt from coverage (church and self-employment are the most common.)
Individuals need to be wholly unemployed or be working a reduced schedule due to insufficient hours to be eligible for unemployment. Individuals on a leave of absence, receiving worker’s compensation, and commission salespersons that are not earning commissions due to lackluster sales are not deemed unemployed.
Out of Work Through No Fault of Your Own
What happens when a person is unemployed through no fault of their own? Nevada reviews separations from the most recent period of work to the next most recent work. For a person to be determined out of work through no fault of their own, they must be laid off, discharged, for reasons other than misconduct, or quit. Strikes and lockouts, retirement, and leaves of absence fall under different provisions. There are several other elements that fall under this category, contact our Las Vegas Law Firm to discuss your particular unemployment case.
Available to Seek and Accept Work
A person must be actively engaged in efforts to seek and secure employment. Individuals must not have personal circumstances which prevent them from applying for a job when offered. Lack of transportation, inadequate child care, lack of tools for the job, and an inability to work the days and hours required are common circumstances preventing individuals from employment.
Must Not Refuse Suitable Work
When an individual is presented with a job, they must accept an offer when working with an unemployment division. Suitable work is defined as work which the individual customarily performs and that pays the prevailing wage for that type of work in the area that the work is being performed. If a person refuses to apply for a job as directed by the Nevada Employment Security Job Services they may be denied further unemployment benefits.
Scheduling a Hearing for Denial Claims
Once you file an appeal for benefits, a hearing will be scheduled. At the hearing, the employer and the employee will present evidence pertaining to the case and the denial will be affirmed or reversed. If an individual is awarded benefits and the previous employer chooses to fight the decision, they have 11 days to file an appeal. If the individual is granted benefits and the employer appeals, it is important to hire an attorney before your hearing. Failure to show up to the hearing, or not preparing correctly for the hearing can easily result in a reversal of the benefits you have already been granted.
According to NRS Chapter 612, providing false information to the Nevada Employment Security Job Services will result in fraud. For example, if you disagree with misconduct as being the reason you were dismissed, you still need to acknowledge that you were aware of this dismissal reason. Reporting you were dismissed for misconduct does not always mean you will be denied unemployment benefits. You will be given the opportunity to have a phone interview to present your case and a decision will then be made. Without an experienced unemployment attorney on your side, you could find yourself in a position of being denied benefits and still unemployed.
Unemployment appeal hearings are similar to small trials as you are able to present evidence and the employer presents evidence and both sides are given a chance to present their arguments pertaining to the evidence. A decision is then made after all the evidence and arguments are reviewed. Tony M. May P.C., is experienced with unemployment cases and we will represent you to ensure your rights are being respected and you are not being denied state benefits without correct due process.
Tony M. May P.C., represents employees who are at risk of being denied unemployment benefits. If you are dealing with an unemployment case and you or your employer has appealed a decision regarding your unemployment benefits, contact our Las Vegas law firm immediately. You only have a small window of time to appeal your case and obtain the benefits you deserve, call (702) 388-0404 for a free consultation.