Winning isn't everything; it's the only thing.

Appealing The Denial of Unemployment Benefits

| Jun 24, 2013 | Employment Law |

If an employee quits their job for good cause or is fired, they may apply for unemployment benefits with the Nevada Department of Employment, Training, and Rehabilitation.

There are three main reasons an employee may be denied unemployment benefits after quitting or being fired from their job.

If an employee is fired from their job for misconduct, they are ineligible to receive unemployment benefits. Although Nevada statute does not specifically define what constitutes misconduct, the Department of Employment defines it as when an employee:

  • Intentionally violates or disregards acceptable behavior that the company is entitled to expect from employees
  • Acts in a negligent or careless manner and exhibits a considerable disregard for their obligations or job duties as an employee or for the company’s best interest
  • Nevada courts include an aspect of wrongfulness in their interpretation

General negligence from a solitary incident or an error in discretion or judgment made in good faith does not constitute misconduct. The employer is required to prove misconduct. Once they have presented their case it is then up to the employee to prove they were not involved in any inappropriate behavior or misconduct.

Employees who quit their job are not typically eligible to receive unemployment benefits. If they had good cause to quit their job, they may be eligible. While there is no Nevada statute defining what good cause entails, the Department of Employment believes that good cause can be demonstrated if an average person would find a convincing reason to quit after exhausting all other appropriate alternatives, such as discussing the situation with a direct supervisor or with Human Resources.

It is important to be honest and forthcoming when applying for unemployment benefits. Anyone found to have made dishonest statements, intentionally misrepresented information, or purposely failed to divulge relevant facts to receive benefits will immediately be disqualified from receiving further benefits. Denial of future benefits can last up to one year. Any benefits issued due to intentional misrepresentation will be considered an overpayment and subject to repayment.

If an employee disagrees with the decision of the Nevada Department of Employment for a denial of benefits, they are entitled to appeal the denial of benefits with an appeal referee at a hearing. The appeal for denial of benefits must be submitted within 11 days following the date of the official determination.

If the appeals referee confirms the original denial of benefits following a hearing, the employee may appeal the decision from the hearing with the Board of Review. The appeal must be submitted to the Board of Review within 11 days of the date of the decision rendered at the hearing.

The Board of Review is required to review the case if the appeal referee overturned the original decision. If the original decision was confirmed, the case will only be reviewed at the discretion of the Board of Review. The Board of Review has the final decision and any further appeals must be made in Nevada District Court within 22 days of the Board of Review’s determination.


FindLaw Network