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Nevada Unemployment Appeals

On Behalf of | Oct 10, 2012 | Employment Law |

These days the difference between your family starving and survival is being able to obtain your unemployment benefits. The two most common ways for unemployment to be denied are if you voluntarily quit your position OR if your Employer states that you were terminated for misconduct.

The first thing that will happen is that you will receive a letter with a Determination from the Unemployment Office in Nevada stating that your unemployment benefits were denied. On that letter there will be a last date to appeal by. It is absolutely crucial that you make sure to appeal BEFORE that date! When it comes to Unemployment in Nevada, the rules are hard and fast and missing any deadlines will mean that you lose your case.

Once you file the appeal, you will get a letter from the Nevada Unemployment Appeals office scheduling you to come in for an Appeals Hearing. This Appeals Hearing is the one chance you get to submit all your evidence and bring all your witnesses to prove that you either (1) Had to Quit (Constructive Termination); or (2) The Employer was mistaken when they fired you for misconduct.

(*Once again, what is being addressed are the two most common situation for being denied unemployment.)

Usually, if you are going to get an Attorney, the time to do it is during the Appeals Hearing.

After the Appeals Hearing you will receive a decision in the mail on whether or not you won. If you did lose, you can Appeal that hearing to the Board of Review (again, watching for deadlines). If you lose at the Board of Review level, then you can file a Judicial Petition for Review whereby you are asking a District Court Judge to review your case here in Nevada. A Petition for Judicial Review is a long and complicated process and it is highly recommended that you seek an Attorney at that point.