Unemployment Insurance Appeals

Wichita Lawyer for Unemployment Insurance Appeals

At the Gregory L. Bernhardt Law Office in Wichita, Kansas, I confidently represent both employers and employees in appeals in front of the administrative law judge. The appeal is the most important phase of the case as you will be given the opportunity to present evidence and arguments to the judge. With an attorney to represent you during this phase, you have a greater chance of success. If you appeal and lose, you are not likely to overturn that decision. The best way to win your case is to have the help of an experienced attorney during the appeal.

How Qualification is Determined

In Kansas, when an employee files a claim for unemployment insurance benefits, the Kansas Department of Labor sends notification to the previous employer. Employers have 10 days to file an “Employer Notice Response”. Based on the filed response and the statements of the former employee, the Department of Labor makes an initial determination on whether the employee is qualified or unqualified for unemployment benefits.

There is a presumption in Kansas that individuals are entitled to collect unemployment benefits unless they were terminated or voluntarily quit without good cause. If an employee quits, the burden is on them to prove they had good cause in quitting their job, or they will not be granted benefits. If an employer terminates an employee, they must prove the termination was based on misconduct.

Appealing Unemployment Rulings

If you are an employee and was denied unemployment benefits, or you are an employer that disputes the provision of unemployment benefits for a former employee, you can appeal the decision. You have sixteen days to file an appeal before the Unemployment Insurance Judge. Having an experienced attorney at your side can make all the difference. Contact me today to schedule a consultation.