In Nevada, either an employee or employer can file an appeal to reconsider an unemployment benefits decision. The rule is that a party must file an appeal within 11 days of the date that DETR mails out its notice of determination; however, there can be some nuances involved in following the rule.
For example, the law states that the appeal must be filed within 11 days of either “the date of mailing or personal service of the notice” (emphasis added). How the appeal is filed can also matter. The appeal is deemed filed “on the date it is delivered to the Division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to the office of the Division that mailed notice of the person’s claim for benefits.”
The 11 days is also not necessarily straight forward. The law read as follows:
The 11-day period provided for in this section must be computed by excluding the day the determination was mailed or personally served, and including the last day of the 11-day period, unless the last day is a Saturday, Sunday or holiday, in which case that day must also be excluded.
Clearly, enough questions have been raised in the past to cause the Legislature to spell out those specifics regarding the 11-day period.
Finally, the law allows for an extension of the 11-day period “for good cause shown.” In other words, the 11-day requirement is not set in stone, but a party would need a convincing reason to obtain an extension for filing an appeal.
Learn more about Nevada unemployment appeals here.