Unexpected job loss can be devastating to family finances. Luckily, Indiana provides certain workers who have been fired, laid off, or lost their job, a safety-net known as unemployment insurance. This can be a valuable crutch to Indiana residents trying to get back on their feet. Sometimes, an employer will dispute an employee’s unemployment application and the employee’s claim will be denied. If that happens, you have a right to appeal the denial. Read below for more information and learn how Salmon & Hewins Law Firm can help with your Indiana unemployment appeal.

Eligibility for Unemployment Benefits in Indiana

According to the Indiana Department of Workforce Development, you only qualify for unemployment benefits if you meet certain basic criteria:

• You are unemployed through no fault of your own
• You meet certain minimum income requirements for what is described as the base period, which is the first four of the last five completed calendar quarters before the week you file an initial application
• You are able, available and actively seeking full-time work

What does “through no fault of your own” mean?

Generally, this means that you did not voluntarily quit your job or that you were not fired for cause. For instance, company-wide layoffs generally entitle laid off workers to receive unemployment benefits. Likewise, if you’ve been fired for no good reason, you likely have a claim to benefits.

If you quit your job voluntarily, you generally are not entitled to unemployment in Indiana. Every rule has its exceptions, though. For instance, you may still be eligible for Indiana unemployment benefits if you voluntarily quit your job for the following reasons:

• Unsafe working environment
• Significant change in the terms of your employment
• workplace harassment
• called up to military service
• following a spouse to a new location for a job

What are the income requirements to qualify?

If you have been doing steady, full time work for the last year, you have nothing to worry about. For those performing part-time work only, with earnings that fall below certain threshold requirements over time, may not qualify. If you’re unsure, the best and easiest way to know is to apply for unemployment benefits anyway. The Indiana Department of Workforce Development will provide you with a report of your earnings after you file.

Able, Available, and Actively Seeking Full Time Work

The third criteria for Indiana unemployment eligibility essentially boils down to this: you must be willing and able to work.

What does willingness mean? From the Department of Workforce Development’s perspective, this means that in order to receive – and continue to receive – benefits, you must be able to demonstrate to them you want to work and are looking for work. If you refuse an offer of suitable work, benefits can be denied or terminated. Likewise, if you do not provide reports of your efforts to look for work, benefits can be denied or terminated.

You must also be able to work. This means that if you have an injury or illness that prevents you from working, you may not be eligible for benefits. A common scenario that creates confusion is for employees who have been laid off or fired while they have a pending worker’s compensation claim.

How to Apply for Unemployment in Indiana

All unemployment applications in Indiana are filed online with the Indiana Department of Workforce Development. When you are ready to begin the process of applying, please log into the DWD’s website and read all of the information contained there. Applying is easy if you follow their recommendations.

While you wait for a determination on your initial application, a couple things will happen. First, an Indiana Career Connect account will be created for you. You need to log in and follow the instructions. NOTE: You must file weekly reports even while awaiting an initial ruling, and if you are denied and must file an appeal. You must create your account and start providing reports immediately; if you fail, your unemployment claim may be denied.

Also, within ten days, the Indiana Department of Workforce Development will provide you with a Wage Transcript and Benefit Computation document. It is important to read this document thoroughly to ensure all information – including your past wages – is correct. If your wages are under-reported, your benefit may be lower.

Your Right to Appeal Denial of Benefits

Simply applying for unemployment benefits does not guarantee you will win. It’s a little known secret, but the more employees that file for and receive unemployment, the higher unemployment tax they pay to the State of Indiana. This creates incentives for employers to deny legitimate unemployment claims. As a result, if your unemployment claim is denied in Indiana, you have the right to appeal the denial. The appeal guarantees you a telephonic hearing with an Indiana Department of Workforce Development Administrative Law Judge (ALJ). The appeal hearing is your opportunity to tell the ALJ why you are entitled to unemployment benefits. You have the right to present evidence, give testimony, and even request a subpoena for evidence you don’t have but think you need.

How Can Salmon & Hewins Law Firm Help With Your Appeal?

You have the right to represent yourself when appealing your denial to an administrative law judge. However, you may have never been to a hearing before. Your employer, its representatives, and maybe their own attorney, have been to hearings before, and that may give them the upper hand.

Plus, when you appeal the denial of unemployment benefits, you have the burden of proof that the initial denial should be reversed. This may involve eliciting testimony, producing documentary evidence, and requesting subpoenas. Are you prepared to do all of that by yourself?

You also face deadlines that, if missed, will prevent you from having your appeal heard. And, even though your initial application may be filed online, your appeal must be filed via fax, mail, or in person.

Charles Hewins of Salmon & Hewins Law Firm can help. Most hearings are conducted over the phone. If your initial application has been denied, call us, e-mail, or fill out the form on this page. Charles Hewins will review your case personally and let you know if he can help. The initial case review is always free of charge.