Tuesday, April 17, 2012

Unemployment Benefits Denied?

Have you been denied by the Tennessee Department of Labor and Workforce Development.  If so, you are not alone.  Many claimants receive Agency Decisions which deny them the unemployment benefits they are entitled to.  Chances are that the Agency Decision you received from the Employment Security Division stated that you were ineligible due to work related misconduct or that you voluntarily resigned.  However, don’t despair just yet because you are afforded the right to to the Appeal’s Tribunal.


focuses on winning unemployment benefits for his clients and those rightfully entitled to benefits.  The Appeals Tribunal is a term that is used to describe an appeal which takes place before a hearing officer employed by the TDLWD.  The rules of evidence apply as do the procedural rules of the TDLWD. 

While you do not have to have an attorney in a hearing, ask yourself do you know what work related misconduct actually means under the Tennessee Code Annotated or how our courts have defined it?  Moreover, do you know the Tennessee Rules of Evidence or the procedures employed by the TDLWD during an administrative review?

In short, while you do not have to have an attorney represent you during an appeal before the Appeal’s Tribunal, it is advantageous.  Moreover, it is helpful to have an attorney such as who knows the substantive and procedural law that applies in such hearings.

In addition, some claimants believe that if they left their most recent work for whatever reason, they cannot receive unemployment benefits.  This is not always true.  If your last working environment gave you compelling reasons to leave, affected your physical or mental well being, and you exhausted all reasonable alternatives before resigning then you could well be eligible for .  Furthermore, if there was a substantial change in your work – such as a cut in pay or being assigned duties which you did not have when you were hired – from the date of employment until the date of separation, you may be deemed eligible for benefits.

In any event, if you have been denied unemployment benefits by the TDLWD for misconduct or voluntary resignation, call at 615-585-2245 today.

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