I have been denied unemployment, what should I do?
- If you have been denied unemployment you must either appeal to the Circuit Court within 20 days of your denial by the Kentucky Unemployment Insurance Commission or abandon your appeal and find other work.
- The twenty day limit begins with the date the Commission mailed its decision to you (the "mailing date").
- This date is stamped on the first page of the Commission's decision in the upper left-hand corner.
- Once a case gets to court, the court must accept the decision of the state agency unless the agency incorrectly applied the law.
- At this point, a court is not permitted to substitute its judgment for that of the agency as to who is telling the truth.
- If you are denied unemployment, you must then work at least ten weeks in covered employment and be separated from that employment for non-disqualifying reasons (i.e. fired, but not for misconduct, laid off, etc.).
- If you have not worked since you filed your claim for unemployment, you will not again be eligible until you have worked at least ten weeks.
- If you have worked some since you have filed your claim, you may also be ineligible for unemployment due to not having enough earnings in your "base period." Your base period does not include the current quarter or the preceding quarter.
- There are other monetary restrictions, including the need to have earned at least $750 in one of the quarters in your base period.
* If you wish to go forward with an appeal, you will have to hire a private attorney or contact your local Kentucky legal aid office.
Reviewed September 2009