Las Vegas Unemployment Lawyer
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Unemployment insurance benefits protect employees who face job loss through no fault of their own. Sudden job loss can threaten a claimant’s financial standing. Even with the best preparations, individuals may face hardship if they can’t secure new employment right away. When an applicant’s unemployment benefits are denied, his or her path to rebounding from job loss is disrupted. A Las Vegas unemployment lawyer can help Nevadans facing claim denial file an appeal and obtain the benefits they deserve.
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Are you struggling to recover unemployment benefits in Nevada?
Call an unemployment lawyer with Kemp & Kemp Attorneys at Law today. (702) 258-1183
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Understanding Nevada Unemployment Benefits
The Nevada Department of Employment, Training, and Rehabilitation handles the disbursement of unemployment benefits to workers when they lose their jobs. Unemployment benefits help reduce the financial burden placed on individuals when they face termination. To qualify for benefits under unemployment insurance, applicants must meet several basic requirements.
General Unemployment Benefits Eligibility
Applicants seeking to secure unemployment benefits in Nevada must first meet the following general requirements for eligibility:
Applicants must meet the minimum wage requirements. In Nevada, individuals must have a 12-month history with at least $400 in quarterly earnings in their highest paid quarter.
An applicant’s unemployment must have resulted through no fault of his or her own. Applicants who voluntarily leave employment do not qualify for unemployment insurance benefits unless they did so for a qualifying reason. You only qualify for benefits if you were laid off, fired, or quit due to safety concerns, relocation with a spouse, or family emergencies. Employees terminated for misconduct also do not qualify for benefits.
Applicants must be able to work and continue seeking employment. Additionally, applicants must accept any suitable employment offers they receive. To determine whether an offered position is suitable, Nevada considers wages, job training, commute, and similarity to prior employment.
Why Was My Unemployment Claim Denied?
A claimant can have his or her application for unemployment benefits denied for a variety of reasons. In some cases, this denial occurs as a result of a failure to meet eligibility requirements, such as unqualified termination circumstances or insufficient earnings history. In other cases, however, an application for benefits may be wrongfully denied. An unemployment lawyer at Kemp & Kemp can help you file an appeal when you face a claim denial.
If claimants fail to meet the general eligibility requirements for receiving unemployment insurance, their claims will be denied. For instance, if a claimant fails to earn the minimum amount during the base period, or the 12-month period leading up to the application, they are not eligible for unemployment benefits. Additionally, a claimant’s benefits will be discontinued if they fail to continue to seek employment.
Employees typically only qualify for unemployment benefits if they were terminated from their job. There are, however, exceptions to this rule. First, a claimant may still be eligible for unemployment insurance if he or she quits his or her job due to a justifiable reason. Some justifiable reasons include safety concerns and forced resignation. Employees who are terminated due to misconduct, however, do not qualify for unemployment benefits. You can, however, dispute whether you actually committed disqualifying misconduct.
Claimants can only qualify for unemployment benefits in Nevada if they are looking for work. When claimants turn down a suitable employment opportunity, they disqualify themselves from receiving further benefits.
If your unemployment benefits claim was denied in Nevada, you have a right to file an appeal. Call Kemp & Kemp Attorneys at Law to start today. (702) 258-1183
Appealing Your Claim Denial with an Unemployment Lawyer in Nevada
If your unemployment insurance claim is wrongfully denied, you have the right to file an appeal. Appeals must be filed within 11 days of the date the claimant receives his or her denial. THIS IS A MANDATORY TIME DEADLINE THAT CANNOT BE MISSED. There are very limited circumstances in which the 11-day time limit can be excused, and they are rarely granted. To file an appeal, claimants must send a request to the Nevada Department of Employment, Training, and Rehabilitation, FOLLOWING CAREFULLY THE INSTRUCTIONS that are sent with the determination denying the claim or benefits (DETR). Once the DETR receives your appeal request, they will send you a hearing date and the information you need regarding an appeal hearing. An unemployment lawyer can help you draft your appeal request and file within the appropriate deadline. He or she can provide you with representation during the hearing and help you prepare for the hearing process. BUT YOU MUST ACT IMMEDIATELY WHEN YOUR CLAIM IS DENIED.
Unemployment Appeal Hearings
An unemployment appeal hearing is held before an appeal referee. During this time, you and your attorney can share evidence supporting your unemployment claim. If you follow through with your unemployment hearing, and your appeal referee still denies your claim, you can appeal the denial of your appeal through the Board of Review. Your appeal with the Board of Review must also occur within your 11-day deadline. THIS MANDATORY DEADLINE IS CLEARLY STATED ON THE REFEREE DECISION. If the Board of Review denies your claim, but you qualify for unemployment benefits, you can take your case to court on a Petition for Judicial Review, but these are very hard to win and rarely granted. Our unemployment attorneys with Kemp & Kemp can represent you every step of the way.
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FAQs About Unemployment Rights in Nevada
How do I appeal my unemployment decision in Nevada?
An unemployment decision can be disputed by filing an appeal with the Appeals Office of the Nevada Department of Employment, Training, and Rehabilitation. The instructions are included with the adverse decision that you receive. You have 11 days to appeal an unemployment decision. An unemployment lawyer can help you figure out why your claim was denied and file the proper paperwork within the 11-day deadline. THIS 11-DAY DEADLINE IS VERY SHORT AND IS MANDATORY AND JURISDICTIONAL. If you miss this deadline, it is extremely likely that you will not be able to proceed with your appeal and the decision against you will be final. There are rare and limited circumstances where the 11-day limit may be excused.
How many hours can you work and still get unemployment in Nevada?
To work and still qualify for unemployment insurance benefits, a claimant must earn less than their weekly benefit amount. To ensure eligibility, claimants must report their earnings on a weekly basis.
What disqualifies you from unemployment in Nevada?
There are a variety of reasons a claimant may be disqualified from receiving unemployment benefits. A claimant may have an insufficient duration of employment or his or her earnings may be too low. Additionally, he or she may have been terminated for misconduct or may have quit without a qualified reason. Finally, a claimant may have provided incorrect information on his or her application. But disqualifications can be appealed, and getting legal advice as soon as possible may uncover grounds to appeal the denial.
