When the State of Nevada makes a decision about an application for unemployment benefits, either the employee or employer can file an appeal to reconsider the decision. My firm offers affordable representation for either employees or employers at unemployment appeals hearings.
Why Are Unemployment Claims Denied?
The Department of Employment, Training, and Rehabilitation (DETR) can deny a claim for unemployment benefits for a variety of reasons. For example, the applicant may not have earned sufficient income to qualify, or the applicant might turn down suitable work or fail to look for a new job at all. DETR will also deny unemployment benefits if the employer reports that either the employee quit the job voluntarily or the employee was discharged because of misconduct. These two reasons are the most common issues involved in unemployment appeals.
How Can I Appeal an Unemployment Benefits Decision in Nevada?
Either party must file an appeal within 11 days of the date that DETR mails out its notice of determination. The appealing party must explain why the appeal is being filed. Employees should remember that during the appeals process they must continue to file weekly claims for benefits and continue to search for work.
After an appeal is filed, the parties will receive a hearing notice that provides details about the time, location, and purpose of the hearing.
How Does an Unemployment Appeals Hearing Work?
At an appeals hearing, the employee and employer meet together in a room with a referee. Each party has an opportunity to present their case for why the original decision was either correct or incorrect. Both sides can present evidence and examine–and cross-examine–witnesses. Neither party is required to have an attorney represent them at the hearing, but an attorney’s knowledge of the nuances of the law and the best way to question witnesses, present evidence, and make arguments can be very helpful.
What Happens After the Hearing?
Within a few days to a few weeks, the referee will mail a written decision to both parties that explains the decision and how the referee came to it.
What if I Disagree with the Referee’s Decision?
Either party can appeal the referee’s decision to the Board of Review. The appeal must be filed within 11 days of the date of decision, and it must explain the issues the party intends to raise before the Board.
The Board of Review will not hold a hearing, and, in most cases, it will not accept additional evidence–it will simply review the evidence that was presented to the referee and decide whether the referee made any errors.
After the Board of Review’s decision, the parties can ask a Nevada district court judge to review the decision. This appeal also needs to be filed within 11 days. If the parties wish, they can make one final appeal to a Nevada appeals court.
How Can Your Law Firm Help?
Contact me today if you need assistance with an unemployment appeal in the Las Vegas area at an affordable price. I can provide representation for a flat fee that is lower than other law firms. In some cases, I will represent employees on a contingency basis.
- How Do I Know if My Unemployment Appeal Was Filed on Time?
- Can a Decision from an Unemployment Appeal Be Used in Another Case?