by Becky Cole

If you happen to find yourself filing for unemployment, here’s a few things you should do:

Keep records, ask questions and document EVERYTHING.

One of the big misconceptions about the unemployment system is that they will advocate for you to make sure you get your benefits. It is not their job to advocate for you. It is their job to determine whether or not you qualify for benefits, based on the information they have and how they interpret the information. Therefore, you have to learn to advocate for yourself.

One way to do this is by keeping a log of every time you contact the unemployment office, whether by phone or through the website. Record what information you provided, when you provided it, and how you provided it. If you spoke to a person at the office, it is important that you get their name. I once dealt with a person at the office who would give me only his initials. Even the letters he sent to me, he would sign only with his initials.

Another misconception about the unemployment system is that they will tell you everything you need to know about the process up front. They will likely give you a booklet about how to use the website and how the hearing process will be set up, but they won’t give you any information about anything else. A great example of this is on the website. Under the "applicant self service" menu is a "FAQ" option. Click on that link and you will get all kinds of information for employers on why they need to set up an account and how to set up an account. What you won’t find is any information for applicants on how to deal with the unemployment process.

The law states that you have a right to ask questions. If your request for benefits is denied, ask questions. At the top of your list of things to ask should be, "who made this decision?", followed closely by, "how did you arrive at this conclusion – what criteria did you use?" It is important that you ask this before your hearing gets scheduled, because this will serve as a basis for your appeal. Send them a letter and ask for the information in writing. Keep a copy of your letter in your file. This way you have proof you asked for clarification, and the letter you sent becomes part of your file at their office. If they don’t provide an answer, document their lack of response.

A third misconception about the unemployment system is that it is fair. What you will hear from them is that they do what the law allows them to do – what they can do legally. However, what they can do legally is not always fair. A great example of this is in how the system is set up. When you appeal your denial, they will tell you that you don’t need to have representation (a lawyer) at the hearing. What they don’t tell you is that the person who will decide your appeal is a lawyer who works for the state and they will hold you to the same standard of knowledge as the lawyer who is deciding your case. This is why documenting everything and asking questions is so important.

If you happen to be denied at your initial hearing, you have a right to appeal that decision. Just be aware that your appeal is decided by the same person who denied your case in the first place. Before you ask for a reconsideration of the decision, though, send a letter to them and ask, "how did you arrive at this conclusion – what criteria did you use?" You also have a right to ask what information was not included in how the decision was made. This is important because once you ask for a reconsideration, they are not likely to provide this information to you. Also, the reconsideration process is not likely to include another conversation with you.

Advocating for yourself will not guarantee you will win your case, but it can help you to get through the process a little easier.

Got a story of your own about your experience with the unemployment system? Let me know.

Becky Cole can be reached at: bcole@employmentnewsmn.com