Can your previous employer deny unemployment

The burden of proof that you were fired lies with the employer, and this is its opportunity to respond with proof you were fired for reasons attributed to your actions, such as write-up slips or eyewitness accounts of behavior.

Some states offer employers one more chance to have a say about an unemployment claim. If the claim is approved, the employer receives notice and has the chance to file an appeal.

This process, too, has an expiration date. If the employer appeals your claim, the state holds a hearing at which both sides can present evidence to an administrative law judge. The employer still must prove you were fired to get your benefits denied. Michaele Curtis began writing professionally in Melissa Petrofsky is an experienced lawyer with nearly a decade of employment expertise.

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