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What Are My Appeal Rights?

If you disagree with a determination, you or your duly authorized agent may file an appeal. You may appeal if you believe the law was incorrectly applied or all the facts were not considered when the determination was made. If you do not understand a determination or notice you receive about your claim, ask your claims representative for an explanation.

Your appeal rights and time limits are explained on each determination. If you do not file within the time limit, you may lose your right to appeal. The time limits for filing can only be extended for "good cause." Generally, only circumstances beyond your reasonable control will be considered good cause for late filing. You can file the appeal by mail or fax to the address listed on the determination.

While waiting for the appeals hearing and decision, you should continue to file your claim as usual for each week you are unemployed. Even if the results of the appeal are in your favor, you will not be paid for any weeks for which you did not file a timely weekly claim.

In some cases, your employer may file an appeal to a determination that finds you eligible to receive benefits. An employer's appeal will not cause your benefits to stop, unless the employer wins the appeal. If the employer wins the appeal, benefits may be stopped at that time and you may be overpaid for the benefits you have received. It is important that you participate in the hearing on the employer's appeal to present your side of the case. Without your testimony, the employer may win the appeal and you would have to pay back any benefits received. Find more information at the Appeals website.