I was getting unemployment, but then it was cut off. What are my rights?Posted on: November 9, 2020
The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.
There are many reasons why the agency (LWC) can cut off your unemployment after it started. These include failing to do your weekly certifications, misreporting something to the agency, and others. You should get a written notice about any cut-off. If your unemployment benefits have been cut off, you can call Southeast Louisiana Legal Services at 1-844-244-7871 to see if we can provide free help.
The cut-off notice should say why your benefits are being stopped and say how you can appeal. It should be mailed unless you signed up with the agency to get notices another way, like by email. You should always be able to see any notices through your online “HIRE” account.
There are only 15 days to appeal a notice. The appeal is easy to file. But if your benefits stop, it is important to look in HIRE immediately for a notice if you have not gotten one.
Some cut-offs can also be fixed if you do something the agency says you failed to do. If you fix the issue, your benefits can restart the next week. For example, if you missed your weekly certification, go ahead and do your certification the next week. You will only lose one week’s benefits. If you are unemployed long enough that your benefits run out, you will end up being paid the same number of weeks as you would have been anyway (making up for your missed week).
But the agency should not:
- Cut off your benefits without a notice to you about why and without offering you a hearing. (Even if you call in and the agency says it is working on your claim, the agency must still send you a notice. Not sending a notice when it stops your benefits is wrong.)
- Cut off your benefits because it thinks you were never eligible for (or were always disqualified from) receiving unemployment without giving you a hearing first. People in this situation will also get an overpayment notice saying they owe all the benefits they were paid back.
If either occurs after you were approved for unemployment benefits, courts are likely to rule that the State has to follow certain steps before your benefits are cut off. In many cases, Louisiana is not doing these things.
What do courts often require before the agency can change its mind about whether I get unemployment?
The agency should let you know that it wants to stop your benefits and why.
And it must give you a chance to respond before cutting your benefits off. It can do this by giving you a notice that you can appeal and an appeal decision before your benefits stop.
If your unemployment benefits were stopped and you were not given the reason why and a hearing before they stopped, Southeast Louisiana Legal Services may be able to help. Call our COVID-19 Helpline at 1-844-244-7871 to apply for free legal assistance.
What else should I do?
You can appeal any decision that you should not get unemployment or that you have been “overpaid.” Appeal right away to protect your rights! You only have 15 days to submit your appeal. Your notice will include the date you must submit your appeal by. If you miss the deadline, you will lose your right to appeal.
The letter will provide instructions on how to appeal. You can find more information on appeals here.
More information on Unemployment Benefits during Covid can be found here.
Information on Unemployment Overpayments can be found here.