When you've been denied unemployment benefits in the initial fact-finding interview, you can still win if you appeal and know the law
Here is what to expect when you file for Iowa's unemployment benefits.
When you lose your job, the first thing you do is file for unemployment benefits with the unemployment office, formerly known as the Iowa Workforce Development. A representative from the IWD will hold a telephone fact-finding interview, involving you and a representative from your former employer. You will be asked questions about the the circumstances surrounding the separation from employment and the representative from your employer will have the chance to respond. After the phone interview, the IWD will issue a preliminary decision regarding whether you are eligible to receive unemployment benefits. There are cases when they will deny benefits. At this point, you must appeal the denial within 10 days by sending written notice of your appeal to the IWD. (At this point consider calling me to represent you.)
The appeal hearing will also be conducted by telephone (unless otherwise requested and permitted) and an administrative law judge with the IWD will preside over the hearing. At this stage you, your lawyer and your former employer will participate. The judge will ask questions of you and the employer, similar to the initial fact-finding interview, to determine the circumstances surrounding your separation from employment. (Here is when having a lawyer on your side is very helpful.) There will also be the chance for the employer to cross-examine and ask you questions, and for your lawyer to cross-examine and ask the employer representative questions.
If you've made it this far without a lawyer and lost, don't give up. Instead consider calling us for a free consultation to see if we can dig you out of this mess and help you to put food on your table along with paying the rent.
Knowing the right questions to ask in this hearing is essential to obtaining a favorable outcome that will allow you to receive unemployment benefits. This part of the appeal process is tricky - if you ask the wrong questions, you could back yourself into a corner and the judge will deny you benefits. If you don't understand Iowa law and read every statute that applies to unemployment, you will likely fail to understand what the right questions are. For instance, if the employer claims the separation was due to misconduct on your part, you may still be eligible to receive benefits; but only if you understand the intricacies of the law. We understand the law and can represent you in your unemployment appeal. Call our office today if you have been terminated from your employment; we will prepare you for the appeal hearing and know exactly how to present the strongest arguments to win your case for unemployment benefits.
If we don't hear from you good luck and we hope you win.
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