How to appeal disqualification from unemployment insurance?

UPDATED: Jun 5, 2009

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How to appeal disqualification from unemployment insurance?

I’m accused of knowingly and willingly failing to report earnings to unemployment authorities while collecting unemployment insurance.

Asked on June 5, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your benefits have been stopped, I'm certain that you received a notice in writing, and I would expect that the notice would tell you at least the basics about appealing the decision, although that might be buried in the fine print.  You should also be able to get that information by calling the Department of Labor.

An appeal on a decision like this usually is based on fact, where what you'd be saying, boiled down, is that the decision was wrong because you didn't do what you were accused of.  Winning an appeal like that usually means showing that the evidence that the unemployment agency used to decide your case couldn't possibly justify disqualifying you, and that's not easy.

If you think the disqualification is wrong, you should take your case to an attorney in your area, who can explain the procedure, and your chances for success based on all of the facts.  One place to find a lawyer who may be able to help you is our website,

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