What to do if I was laid off for lack of work but when I filed my unemployment claim, my ex-employer denied it?

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What to do if I was laid off for lack of work but when I filed my unemployment claim, my ex-employer denied it?

I was not fired. Why is this happining?

Asked on December 11, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Charitably, the employer may be either mistaken (e.g. they got you mixed up with someone fired "for cause," since a for cause termination--or when the employee does something significantly bad or wrong, such as excessive absenteeism, violating company policy, insubordiantion, etc.--renders you ineligible for unemployment) or may be planning on returning you to work when more work is available--that is, they may not consider that you were laid off, but may be treating it as a furlough or suspension. Less charitably, the company may be lying to deny you unemployment (claiming you resigned or were fired for cause) to avoid an increase in their unemployment assessment. You can appeal the determination; while appealing, you'll be able to find out why you were denied and present you  own evidence as to why you are entilted to unemployment benefits.


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