If you are denied Delaware unemployment benefits, you can file an appeal. You may submit a request for a hearing in person or by writing to the Delaware Division of Unemployment Insurance. Requests for Appeals must be filed in person at the local office or be postmarked within 10 days of the date of the Notice of Determination.
During the appeal process, be sure to keep filing your weekly claim. If you win your appeal, you can collect back pay for the weeks you claim. But if you don’t file weekly claims, that money will be lost.
When is the appeal?
In Delaware, the appeal hearing is usually set within a few weeks after the appeal is filed. All parties receive a Notice of Hearing that tells the time, date, location, and issues to be discussed at the appeal hearing. Instructions for asking to join by phone are given on the Notice of Hearing.
You, your former employer, or the Delaware Division of Unemployment Insurance may ask to reschedule. If you need to reschedule your hearing, the request must be made at least three days before the hearing.
If you make your request for rescheduling in writing, include your full name, address, and phone number, along with your Social Security number. If you can, mention some dates that work for you. Keep a copy of this letter for your records.
Send your letter to:
Department of Labor
Division of Unemployment Insurance
Lower Authority Appeals Unit
P.O. Box 9950
Wilmington, Delaware 19809
Phone: (302) 761-8418
Fax: (302) 761-6635
Email: [email protected]
Getting ready for the hearing
Before the hearing, you might want to make notes about certain facts in your case, like when important events happened. These notes will help you during the hearing. If there are people who know about your case firsthand, you should ask them to be your witnesses. If they’ve signed statements, they need to be at the hearing.
Make sure to have three copies of any documents for your appeal: one for you, one for the employer, and one for the appeals referee.
What to expect at the Delaware appeals hearing
The hearing tribunal isn’t a trial, but it is formal. The purpose of the hearing is to determine the facts about your previous employment and the reason for your job separation. Both sides get the chance to tell their side of the story.
The Appeals Referee might ask the person who has to prove something to talk first. For example, if your employer says you were fired from your job, your employer has to prove it happened.
If you are arguing that you quit your job for a good reason, then the burden is on you to prove what happened.
Be ready to ask your witness questions that help your case. Your employer at the hearing can also ask your witness questions.
Your employer will have a chance to explain their answers or add information. You’ll be able to ask the employer and their witnesses questions too. Once everyone has said everything they want to say, the Appeals Referee will end the hearing.
If you disagree with the Appeals Referee
There are multiple levels of the appeal process if you disagree with a decision. You can file another appeal to the Unemployment Insurance Appeals Board (UIAB). You must file this within 10 days of receiving the referee’s decision, and you must clearly state your reasons for the appeal. The process to file is the same as with the Lower Authority Appeals Unit.
The UIAB takes care of the final review of your case. They don’t have a hearing for every appeal. Usually, they make their decision based on the appeals referee’s notes and decision, along with relevant laws.
If you still disagree with the UIAB’s decision, you can take your case to Superior Court. The UIAB will explain how to do that. If you’re still unsatisfied, you can then appeal to Delaware’s Supreme Court.
Why was my unemployment claim denied?
If you failed to meet Delaware unemployment eligibility requirements, the denial notice will explain why. Typically, benefits are denied for the following reasons:
- Refused job offer: If you turn down a suitable job or referral while receiving unemployment benefits, your weekly benefits may be denied.
- If you were fired: Losing your job due to misconduct or a serious violation of your employer’s rules can make you ineligible for weekly benefits. This is considered a discharge for just cause, and the state will deny unemployment compensation.
- Did not meet work search requirements: Unemployment benefits require active job hunting. You must make at least one job contact each week in order to remain eligible for UI benefits.
- Missing information: If your Delaware unemployment application is incomplete or contains incorrect information, you may be denied benefits. Properly filling out all required forms and providing accurate details is essential to avoid a denial.
- Overpayments: Receiving more benefits than you were entitled to can lead to denial or reduction of future benefits, especially if it’s a result of Delaware unemployment fraud. You must repay the overpaid amount and comply with any related instructions to remain eligible. To avoid overpayments and estimate your correct weekly benefit amount, you can use the Delaware unemployment calculator.
- Failed to complete weekly claim: You must regularly report your job search progress, wages, and other required details. Failing to meet these reporting requirements can result in losing your unemployment benefits.
- If you quit your job without good cause: Leaving a job voluntarily without good cause can make you ineligible for unemployment insurance benefits. The state expects you to make all reasonable efforts to keep your job.
- Not able and available for work: To receive unemployment benefits, you must be ready and able to accept suitable work. If you’re ill, on vacation, or otherwise unavailable for work, you may be denied benefits.
The rules for unemployment benefits can be complex. If you’re facing any issues with your Delaware unemployment benefits in Delaware, contact the Delaware DOL for assistance.