Kentucky Employment Lawyers has maintained one of the highest success rates in obtaining unemployment insurance benefits for their clients. The unemployment insurance appeals process can be an arduous task. If you’re facing an unemployment insurance benefits issue, please feel free to contact our office.
An individual who has been discharged by their employer may apply for unemployment insurance benefits if the individual has met the qualifications established under KRS 341.350 and KRS 341.355. An individual may apply through the Kentucky Office of Employment and Training, Unemployment Insurance claims system by telephone, or online.
Once an individual has applied for unemployment insurance benefits, the individual’s former employer will be contacted and allowed an opportunity to provide a statement. If the statement of the prior employer does not match the statement of the applicant, the applicant may be denied unemployment benefits.
After the initial application process has concluded, the Commonwealth of Kentucky Education and Workforce Development Cabinet Division of Unemployment Insurance will issue a Notice of Determination. In that notice, the cabinet will determine whether the claimant is qualified or disqualified from receiving benefits. If a claimant receives a notice of determination that states he or she is not entitled to receive unemployment benefits, the individual may appeal that decision within 15 days from the date the notice was mailed.
If you have received an adverse Notice of Determination and would like to appeal the decision, please contact our office immediately to discuss the possibility of representing your interests during the hearing process. Please note that if a claimant is determined to be qualified for benefits, the former employer also has the right to appeal that decision.
Once a timely appeal has been submitted to the Unemployment Insurance Appeals Branch, a representative from that office will issue a hearing date. You do have the right to have an attorney represent your interests at this hearing. Unemployment Insurance Appeals Hearings are conducted via teleconference. Each party will be questioned by a referee and will have the opportunity to testify, call witnesses on their behalf and submit relevant evidence for the referee to consider. Once the referee has heard all testimony and reviewed all evidence submitted, he or she will issue a referee’s decision.
A party who is adversely affected may appeal the referee’s decision to the Unemployment Insurance Appeals Commission. Once an appeal is timely filed, each party will have the opportunity to submit statements outlining why they believe the referee’s decision should be affirmed or reversed. Please note that the commission will not allow new evidence to be presented and new hearings are rarely granted. The commission will review each party’s statement as well as the evidence and testimony given during the Unemployment Insurance Appeals Hearing and will issue their own decision. If you have received an adverse referee’s decision and would like to submit an appeal to the Unemployment Insurance Commission, please do not hesitate to contact our office.
Going through the Unemployment Insurance Appeals Hearing can be time-consuming, overwhelming and stressful. If you, a loved one, or a friend would like our assistance, please feel free to contact our office to discuss your options going forward. The phone call is free.