Getting let go from your job is far from ideal, as the lack of income and benefits can make it challenging to get by. However, employers will provide unemployment benefits for those they let go. On the other hand, if you were fired from your job, you may be denied unemployment benefits despite the validity of the termination. Luckily, a Providence, Rhode Island wrongful termination lawyer is on your side to help you prove your case.
Is It Legal to Be Denied Unemployment Benefits?
Unfortunately, there are many instances in which being denied unemployment is completely legal, especially if fired for misconduct or violating workplace rules. Similarly, Rhode Island is an “at-will” employment state, meaning employers and employees alike can fire or quit for any reason unless it is discrimination against a protected characteristic. If you can prove that the grounds for your termination are unjustified, you may be able to overturn the decision.
Similarly, you can be denied benefits if you quit your job unless it was with good cause. For example, if you leave your position because the working conditions were unsafe and your employer would not fix them, you may still be able to collect benefits.
Generally, when filing for unemployment, your former employer will be notified, and they can contest the claim. If they believe the grounds for your termination were justified, they will likely appeal your claim. However, the state will still review each case and issue a final decision based on the evidence provided by the company.
Can I Appeal the Decision?
If denied unemployment benefits after your employer has challenged your claim, don’t panic. You still have options.
After you are denied, you have 15 days to file for an appeal. You will meet with an office on the board of review, giving you the opportunity to present evidence and witnesses. The officer will make a new decision based on the evidence and circumstances provided during your hearing.
If you are still denied, you can appeal through the Board of Reviews decision. Though are not obligated to grant you another hearing, if you can provide new evidence or arguments, they may allow you the opportunity to reargue your case.
Do I Need a Lawyer?
If you believe you were wrongfully terminated due to discrimination or retaliation, hiring a lawyer is your best course of action. This is crucial as they can help you navigate filing claims, examine the evidence, and do research to try to prove that your termination was unjustified.
Upon getting fired, you should request a written letter from your supervisor. If the basis of your termination seems incorrect or suspicious, you’ll want to contact the Herman Law Group today for a consultation to review your case.