Situations That Usually Favor the Worker in Appeal of Unemployment Disputes
When people file for unemployment compensation, the claim may be disputed if the employer states they were at fault for some incident leading to their termination. The individual may have had trouble doing the work correctly or quickly enough, for example. Usually the state agency does not consider this to be a fault that should cause claim denial. A resident of Oklahoma will want to learn how to appeal unemployment compensation disputes in that state.
Valid Denial of Benefits
Although an individual may worry that state agencies always try to side with employers, it’s reassuring to know that many claim disputes and denials are resolved in favor of the worker. There are specific factors that are considered that can result in denial of benefits. If the person violated company policy and was subsequently fired, that may result in denial. An example would be drinking alcohol while at work.
Examples of Disputes That Workers Tend to Win
Sometimes an employee is terminated for being uncooperative, at least in the employer’s view. For instance, the company may demand that the worker switch from first shift to third shift or start working every Saturday. There may be a new requirement to work out of a different office once or twice a week, even though that office is 50 miles away.
The company may dispute an unemployment claim in these cases, but the agency may very well side with the worker, especially if the changes would have been a hardship. A parent with small children may have significant difficulty with working third shift or weekends. Someone who doesn’t own a car cannot be expected to buy one to make a two-hour round trip to work when this was not part of the original agreement.
Not being able to do the job the way the employer wants usually cannot be a reason for denial of benefits. Someone working on an assembly line simply may not have the fine motor skills necessary to keep up with the pace. If the job duties change so that the position now requires lifting 25 or 30 lbs. several times a day and the person cannot do so, unemployment benefits should be paid.