Denial of Unemployment Claims

During difficult financial times, companies and businesses are often forced to take drastic measures to protect their income and keep the business afloat. They are largely subject to changes in the financial markets and may have to make changes to the business structure to stay afloat. This often means that the company may have to lay-off employees to stay afloat.

Typically, persons who find themselves unemployed due to company layoffs and other actions may be able to file for unemployment benefits from his or her employer to help support themselves and their families during the transition period. Unfortunately, persons who have been laid-off may find it difficult to find new employment quickly and often find that the amount they receive drastically reduces as time goes on.

Individuals who lose their jobs due to factors other than layoffs or company-wide financial constraints may find it more difficult to gain unemployment benefits. Such payments are usually made to persons who lose a job through “no fault of their own”. This means that the company may deny benefits to persons who leave the job on their own accord, or have been fired by their employer for reasons other than finances.

People who have been fired due to discipline issues, failure to show up for work, harassment in the workplace, stealing, embezzlement, and other problems usually can expect to have their unemployment claims denied by their employer. If the employee is fired for reasons that he or she could have prevented or for behaving in an unprofessional manner, he or she is usually on their own when it comes to finding new employment.

If a person is wrongly denied unemployment benefits from his or her employer, however, he or she may be able to pursue an employment lawsuit against the company. Employees who have been let go for reasons other than financial or performance may be able to claim discrimination or unfair practices on the part of the employer. People who have been fired for whistle-blowing or have lost their job due to discrimination on the part of their supervisors may pursue an employment case and may request unemployment benefits.

If you have been the victim of discrimination in the workplace or if you have been wrongly denied worker’s compensation benefits, you may want to consult an experienced employment attorney for help with your legal options. For more information on employment lawsuits, visit the website of the San Antonio employment lawyers of Melton & Kumler, LLP.