Reemployment Assistance employer appeals occur when businesses do not agree with the Department of Economic Opportunity (DEO) decision to grant benefits to a former employee. It is important for business owners to know how to file a Reemployment Assistance appeal in if they do not agree with the DEO determination, as unemployment claims can increase the company’s overhead costs. When an employer request to appeal Reemployment Assistance for a former employee, he or she must do so with a certain deadline. Employers can learn about employee eligibility for unemployment benefits in by downloading our comprehensive guide here. Learn more about Reemployment Assistance employer appeals in within the topics below:
- The unemployment claim process
- Why is a Reemployment Assistance employer appeal important?
- How does an employer appeal a Reemployment Assistance decision?
- The unemployment appeals process
The Unemployment Claim Process
Before filing Reemployment Assistance employer appeals, employers must understand the claim process. Through the same process as how to file a Reemployment Assistance appeal, unemployed workers file an unemployment claim. The DEO notifies any employers who employed the claimant in the past 18 months of the filing. Employers have 20 days to respond to the unemployment claim with a reason for denial as well as all provide any requested information such as verification of employment dates and wages.
An employer request to appeal Reemployment Assistance can be filed only after the DEO approves the claim. It is possible for the DEO to deny the applicant’s claim for compensation based on the information the employer furnished on the response form. The business owner’s response the unemployment claims is the initial attempt at appealing.
Why is a Reemployment Assistance Employer Appeal Important?
Reemployment Assistance employer appeals can spare companies from unemployment tax rate surges. When a company has multiple unemployment claims, the state can increase the required amount owed. Businesses that know how to file a Reemployment Assistance appeals in and can furnish evidence of ineligibility will have less unemployment claims and, therefore, lower unemployment tax rates.
An employer request to appeal Reemployment Assistance determination is grounded when former employees voluntarily quit without good cause, are fired for misconduct, have inadequate earnings or have taken a severance package, in some cases. Unemployment compensation employer appeals in must have cause; otherwise, the process is a waste of time for all parties. Business owners should familiarize themselves with the eligibility requirements for employees to collect benefits by clicking here for our free guide.
Employers should also be aware of what considers legal and illegal terminations, as businesses will be responsible for compensations following a wrongful termination. If an employer request to appeal Reemployment Assistance following a wrongful termination, the company will not only lose the unemployment claim, but may also be susceptible to additional court-ordered compensation requirements, fines and other penalties. Before seeking Reemployment Assistance employer appeals, companies should make sure they could demonstrate benefit ineligibility of the former workers.
How Does an Employer Appeal a Reemployment Assistance Decision?
The process of how to file a Reemployment Assistance appeal begins with a Notice of Appeal Form. For an employer to request an appeal of Reemployment Assistance, the form must be filled out in its entirety. Unemployment compensation employer appeals in are available for filing online through the CONNECT service, by mail or via a fax.
When the DEO has made the decision to grant benefits, the employer may then file a request for an appeal hearing. Reemployment Assistance employer appeals must be submitted to the Office of Appeals within 20 days of the adverse determination. The filing date on a mailed document is the postmark date whereas a fax date-stamp is the filing date on a facsimile.
Filing unemployment compensation employer appeals in online is faster than mailing a form and allows employers to see all activity on each claim they are involved. The website is accessible at any time of the day, allowing faster response times to inquiries. An employer request to appeal Reemployment Assistance online also allows the employer to submit paper files electronically through the site. Using CONNECT, employers, claimants and third parties may review and provide information about employment claims.
The Unemployment Appeals Process
First, the Reemployment Assistance employer appeals the decision by filing a Notice of Appeal request. After employers request to appeal Reemployment Assistance, all parties involved in the unemployment claim are notified of the pending hearing. An impartial referee appointed by the DEO will conduct the hearing. To be referees for Reemployment Assistance employer appeals, only attorneys-at-law who meet specific criteria, such as being in good standing with the Bar, can be considered.
When the Office of Appeals receives an employer request to appeal Reemployment Assistance, they will then send out a Notice of Hearing to each party. The notice contains all pertinent information about the hearing, including contact information along with the time and date of the hearing.
Usually the actual hearing is over the phone through a conference call so all parties can hear what is being said. After the hearing, the referee or referees will make a decision about the claim and share it with all the involved parties.
The employer request to appeal Reemployment Assistance does not necessarily end with the new decision by the impartial referees. If either party does not agree with the decision, they may request that the Reemployment Assistance Appeals Commission (RAAC) review the claim. The RAAC acts independently to review contested decisions. For more information on unemployment claims and appeals, click here and download our free and comprehensive guide.