Losing your job can create immediate financial uncertainty, and unemployment benefits often provide an important financial bridge while you search for new employment. The Wisconsin unemployment benefits lawyers at Hawks Quindel help workers apply for unemployment benefits, respond when employers challenge claims, and represent employees throughout Wisconsin who need to appeal an unfavorable unemployment decision.
Although Wisconsin's unemployment system is intended to provide temporary wage replacement for eligible workers, receiving benefits is not always automatic. Employers may contest claims, the Wisconsin Department of Workforce Development (DWD) may request additional information, or an initial determination may conclude that you are not eligible for benefits. Even workers who begin receiving benefits can later face appeals or overpayment claims.
For more than 60 years, the attorneys at Hawks Quindel have represented Wisconsin workers—not employers or government agencies. Whether you have recently lost your job, been accused of misconduct, resigned under difficult circumstances, or need representation at an unemployment hearing, our team will explain your rights, prepare your case, and fight for the unemployment benefits you deserve.
Why You Should Choose Hawks Quindel For Your Unemployment Benefits Claim
When your unemployment benefits are challenged, having experienced legal representation can make a meaningful difference. These cases often turn on detailed factual questions, careful preparation, and a clear understanding of Wisconsin unemployment law.
Unlike law firms that primarily advise employers, the attorneys at Hawks Quindel have spent decades representing employees throughout Wisconsin. That perspective allows us to understand the practical challenges workers face after losing their jobs while developing legal strategies focused on protecting their financial stability.
"We do not represent corporations, and we do not represent the government. We represent the worker against these large employers and large government bureaucracies. That's who we are, that's who we've been, going back 60 years." ~Attorney David Zoeller, Hawks Quindel
Our attorneys regularly evaluate the circumstances surrounding a separation from employment, review personnel records and workplace policies, prepare clients for administrative hearings, and advocate before Administrative Law Judges when benefits are disputed.
In addition, unemployment issues sometimes overlap with other employment matters, including wrongful termination, discrimination, retaliation, Family and Medical Leave Act (FMLA) violations, or disability-related claims. Because we have lawyers who practice across multiple areas of employment law, we can identify related legal issues that may affect your rights beyond unemployment benefits alone.
Understanding the Basics of Wisconsin Unemployment Benefits
Wisconsin unemployment insurance provides temporary financial assistance to eligible workers who lose their jobs through no fault of their own. The program is administered by the Wisconsin Department of Workforce Development and is funded through employer contributions rather than employee payroll deductions.
The purpose of unemployment benefits is to provide temporary income while individuals actively search for new employment. Benefits are not intended to replace wages indefinitely, nor does every job separation qualify.
Importantly, your former employer does not decide whether you receive unemployment benefits. While an employer may contest your claim or provide information during the Department's investigation, the final eligibility determination is made by the Wisconsin Department of Workforce Development.
Hear From Our Clients
“happy with our settlement”
Bill Parsons and Brook Tylka and the rest of the staff from Hawks Quindel were very helpful with our case. They kept me up to date on the progress of my claim from the very beginning. After our first conciliation, we felt very confident we had the right attorney to...
“a practice someone can trust”
Hawks and Quindel are an amazing law firm to deal with. It’s a scary time and everyone there puts you at rest that they have your best interest at heart. They never make you feel like you are bothering them and they kept me in the loop with answers before... “thoroughness, patience, and insight”
I can’t praise Aaron Halstead and Connor Clegg enough for their work on my legal matter. I especially appreciated their thoroughness, patience, and insight. They were always responsive to my questions. They helped me navigate a challenging workplace issue and obtain a good outcome. I would and do recommend them. “highly recommend seeking the services of this firm”
During this very difficult time, the staff at Hawks and Quindel kept me reassured and informed every step of the way. I had the pleasure of working with Attorneys Jessa Victor and Brook Tylka. Jessa, Brook, Matt, and Hadley, thank you for all of your hard work, professionalism and compassion!... “my case was won”
From our first phone call with Donnie Malchow, we knew we'd found the right person to help us. I had filed for disability and been denied. He was willing to walk beside us and thoroughly explain the entire process (lasted over a year and a half) and expectations (gave us... “I would wholeheartedly recommend HQ”
I had another law firm representing me on a non-compete, and when it became clear that I needed new representation, I reached out to Hawks Quindel. Aaron Bibb took my case and he represented me extremely well to an agreeable resolution of the case, and costs were extremely reasonable and... “went above and beyond”
Attorney Halstead and his team went above and beyond to not only win my case, but because of certain circumstances I had going on, they did everything they could to help and rush the settlement through. They were always quick at responding to emails and phone calls with questions I... “I highly suggest this firm”
I can't imagine using any other firm after having Hawks Quindel, they were so knowledgeable and experienced but yet so down to earth to talk with. They kept me informed every step of the way and always answered when I had a question. What a staff, so many great people,... “empathy, intelligence, and professionalism”
I reside in New Mexico but drove a semi-truck coast to coast for an unscrupulous trucking company out of Wisconsin. This logistics company harassed, bullied lied and discriminated against me, keeping my earned wages, and leaving me in a financial hole. Devastated I called and left a message for the... “people treat you like family”
Top notch law firm Jacob and Natalie were my 2 attorneys that represented me on both of my cases? They did a fantastic job. Speaking up for me as they do for thousands of people and especially the little guys down-to-earth, people treat you like family, these people are godsons. “Way beyond my expectations”
Many thanks from my family to all of you at the firm!!! Hawks Quindel, S.C. is the only place I would consider for LTD, disability, SSDI, ERISA, EEOC, DRoW legal help!! Jessa Victor and her team got me all the answers and results when I didn't think it was possible!!!... “His team were patient and professional”
I had the pleasure of being represented by Aaron N. Halstead, Shareholder, on my discrimination case. His team were patient and professional. I would highly recommend this firm for the professionalism and efficiency for working through my case. “If there were 10 stars”
If there were 10 stars I would give them that. There are not enough words to express my gratitude for Aaron, Ben and their team. I felt strong with them behind me. Exceeded expectations is an understatement. “wonderful to work with”
I had mauve she was wonderful to work with! She helped me with my long battle to get SSI and SSDI. Which thankfully I now have! She's a delight and really helps boost anyone's confidents. “Extremely knowledgeable”
I had an incredible experience regarding my workers compensation case with Jakob Feltham! It was my first workers compensation case (*or first case ever), and I didn't know anything about the legalities surrounding my issue, or what I was entitled to? Jake Feltham had ALL my answers, and made it... “I’m happy with the work they did”
They were extremely responsive and good at communication throughout the process. They were accommodating of my disability and explained things well, taking time to answer all my questions. I'm happy with the work they did. Felt like I really had people on my side during a confusing and difficult time. “consistently responsive and professional”
My recent experience with Hawk Quindel, and in particular with John Leppanen in the Milwaukee office. He, was extremely valuable. The support/intake staff responded quickly to my initial inquiry, and John was responsive and made time soon after our initial contact to begin work on my case. John was able... “the best lawyers, trustworthy”
Excellent people, the best lawyers, trustworthy, always seeking the best results in the shortest possible time. I highly recommend them. “Very Helpful”
Eze the intake coordinator was awesome, very helpful and connected me with the right people to help with my situation! Thank you Eze! “Had My Back”
In 2010, I returned home from my second deployment. In 2012, I was told by the VA I couldn’t return to the job I was working at. It is now 2019, and through 7 years of needing legal representation, Hawks had my back through 3 separate issues: short term disability,... “Best Decision”
I really don’t know how to put this in words to express how happy, satisfied, and really just overwhelmed with a sense of justice being handed out on my behalf. This big corporate work comp insurer treated me wrong, but before I decided to give up I contacted Hawks Quindel,... “Highly Recommend”
The attorneys at Hawks Quindel worked tirelessly on my behalf. They were transparent at every step of the way, and answered any questions I had directly and in ways that someone without a legal background could easily understand. Although I would highly recommend them to anyone who is potentially facing... Who May Qualify for Wisconsin Unemployment Benefits?
Wisconsin unemployment benefits have clear eligibility requirements. To qualify, you must have earned sufficient wages during the applicable base period, be able and available to work, actively search for suitable employment, and satisfy Wisconsin's requirements regarding the reason your employment ended. Being fired or quitting does not automatically disqualify you from receiving benefits.
Many people assume they are automatically disqualified if they were fired or resigned. However, Wisconsin law recognizes numerous situations in which workers remain eligible for benefits after a job separation. Likewise, not every employer allegation automatically prevents someone from receiving unemployment compensation.
Determining eligibility often requires examining the facts surrounding the separation, the employer's stated reasons for ending employment, company policies, witness statements, and applicable Wisconsin law.
Common Reasons Unemployment Benefits Are Denied
Many unemployment disputes arise because employers and former employees have different explanations for why the employment relationship ended. Some of the most common reasons unemployment benefits are denied include:
- Allegations of employee misconduct.
- Claims that the employee was discharged for substantial fault.
- Findings that the employee voluntarily quit without a legally recognized reason.
- Questions regarding availability for work.
- Failure to satisfy work-search requirements.
- Disputes regarding earnings or eligibility.
Each situation requires careful evaluation. A denial based on one person's understanding of workplace events does not necessarily mean the Department—or an Administrative Law Judge—will ultimately reach the same conclusion.
What Does “Misconduct” and "Substantial Fault" Mean in Unemployment Disputes?
Two of the most frequently misunderstood concepts in Wisconsin unemployment law are misconduct and substantial fault. Although the terms sound similar, they are legally distinct and can significantly affect whether someone qualifies for unemployment benefits.
Misconduct generally involves intentional or willful behavior demonstrating a substantial disregard for the employer's interests. Examples may include serious violations of workplace rules, deliberate insubordination, theft, or other intentional conduct.
Substantial fault, by contrast, is a broader standard. It may apply when an employee repeatedly violates reasonable workplace expectations, even if the conduct was not intentionally harmful. However, not every workplace mistake or performance issue constitutes substantial fault.
Because these legal standards depend heavily on the facts of each case, understanding exactly why an employer claims you should be disqualified is an important part of preparing an effective response.
Can You Receive Benefits If You Quit Your Job?
Many workers believe they automatically lose the right to unemployment benefits if they resign. That is not always true.
Wisconsin law recognizes several exceptions that allow employees to qualify for unemployment benefits after voluntarily leaving a job. These include certain medical circumstances, significant changes to working conditions, qualifying family responsibilities, domestic violence situations, and other exceptions recognized under Wisconsin law. Workers who resign should not assume they are ineligible for benefits simply because they chose to leave their job.
Evaluating these cases often requires reviewing medical documentation, employment records, communications with the employer, and the events leading up to the resignation. Workers who resigned because they believed they had no reasonable alternative should not assume they are automatically ineligible for unemployment compensation.
What Happens After You File Your Unemployment Claim?
Once an unemployment application is submitted, the Department of Workforce Development begins reviewing the claim. Both the employee and the employer may be asked to provide information regarding the separation from employment, wages earned, and other eligibility issues.
The Department reviews the information provided by both the employee and the employer before issuing a determination. If additional information is needed, the Department requests supporting documentation or clarification before making its decision.
Responding promptly and accurately to these requests is important. Inconsistent or incomplete information can delay the process or create unnecessary questions regarding eligibility.
Even after benefits are approved, employers may appeal certain determinations, underscoring that the claims process does not always end with the initial decision.
We Can Help Appeal a Wisconsin Unemployment Benefits Decision
If the Wisconsin Department of Workforce Development denies your claim, you have 14 days to file an appeal. If the Department approves your claim, your former employer also has the right to appeal. Missing the 14-day deadline can prevent you from challenging an unfavorable determination, so acting quickly is critical.
The first appeal is typically heard by an Administrative Law Judge, who will review the evidence, hear testimony from both sides, and issue an independent decision. Unlike the initial investigation, the hearing gives you an opportunity to explain the circumstances surrounding your job separation in greater detail and respond directly to the employer's allegations.
One of the most important things to remember is that appeal deadlines are short. In most cases, you have only 14 days to challenge an unfavorable determination. Even if you file the appeal yourself to preserve the deadline, you may still retain an attorney afterward to help prepare your case before the hearing.
We Can Help You Prepare for an Administrative Law Judge Hearing
Although unemployment hearings are less formal than courtroom trials, they are still legal proceedings where testimony, documents, and witness credibility can significantly influence the outcome.
Effective hearing preparation begins with reviewing personnel records, attendance records, disciplinary notices, emails, text messages, employment policies, performance evaluations, medical documentation, and any other evidence that explains why your employment ended. Our attorneys identify the facts that matter most and build a strategy around them before the hearing begins.
At Hawks Quindel, our attorneys carefully review the facts of each case, identify the legal issues that will likely be disputed, and help clients understand what to expect before the hearing begins.
"I never, ever, ever want to be caught off guard by something a judge said or something a lawyer says. I need to be the person in the room that is a step or two ahead." ~ Attorney David Zoeller
That philosophy reflects the firm's approach to every unemployment appeal. Thorough preparation helps ensure important evidence is presented clearly and that our clients feel confident when explaining their side of the story.
Can I Receive Benefits While Looking for New Employment?
Workers who qualify for unemployment benefits must continue meeting Wisconsin's ongoing eligibility requirements while receiving payments. In most situations, recipients must remain able and available to work, actively search for suitable employment, accurately report their weekly earnings, and respond promptly to requests from the Department of Workforce Development.
Failure to meet these continuing obligations may result in delayed benefits, additional investigations, or disqualification from the program. Because unemployment benefits are intended as temporary wage replacement, understanding these responsibilities can help prevent avoidable interruptions in benefits.
How Other Benefits May Affect Unemployment Compensation
Many workers have questions about whether they can receive unemployment benefits while receiving other forms of compensation. While other compensation can affect unemployment eligibility, it does not automatically prevent you from receiving benefits.
Severance pay, partial wages, workers' compensation benefits, Social Security Disability benefits, and medical leave each have their own rules. Reviewing your situation before applying or responding to the Department can help avoid overpayments and eligibility disputes.
For example, severance pay may affect unemployment eligibility depending on how it is structured. Workers whose hours have been reduced and who receive partial wages may qualify for partial unemployment benefits if they meet Wisconsin's requirements.
Workers' compensation, Social Security Disability benefits, and medical leave may also raise important eligibility questions because unemployment generally requires an individual to be able and available for work.
These situations are often fact-specific. We can review your circumstances before you apply for benefits, or before you respond to questions from the Department, to help avoid overpayments or unexpected eligibility issues later.
Understanding Overpayment Investigations
Receiving unemployment benefits does not necessarily mean your claim is permanently resolved. The Department of Workforce Development can reopen a claim and investigate whether benefits were paid correctly.
If it concludes that benefits should not have been paid, it can seek repayment. Promptly responding to notices and exercising your appeal rights are critical to protecting your interests.
These cases can arise when additional information becomes available, an employer submits new evidence, or questions develop regarding reported wages or eligibility. If the Department concludes benefits should not have been paid, it may seek repayment and the opportunity to challenge that determination through the appeals process.
It’s important to respond promptly to notices if an overpayment issue arises. We can explain your appeal rights if these complications arise.
How the Hawks Quindel Team Helps Workers Protect Their Benefits
Every unemployment case is different, but our approach is the same: thoroughly investigate the facts, prepare the strongest possible evidence, and advocate aggressively for Wisconsin workers throughout the appeals process.
Depending on your circumstances, our attorneys may:
- Evaluate the reason your employment ended and explain how Wisconsin law applies.
- Review the Department's determination and identify potential grounds for appeal.
- Analyze employer allegations involving misconduct or substantial fault.
- Prepare supporting evidence and witness testimony.
- Represent you during hearings before an Administrative Law Judge.
- Advise you regarding related employment issues that may arise from the same job separation.
Whether you are applying for benefits for the first time or preparing to challenge a denial, working with our experienced lawyers can help you better understand your options and move forward with confidence.
Frequently Asked Questions About Wisconsin Unemployment Benefits
Can my former employer prevent me from receiving unemployment benefits?
No. An employer may contest your claim or provide information during the investigation, but the Wisconsin Department of Workforce Development—not your employer—decides whether you qualify for benefits.
Can I receive unemployment benefits if I was fired during my probationary period?
Possibly. Eligibility depends on why your employment ended, not simply how long you worked for the employer. The Department will evaluate the unique facts surrounding your separation.
What happens if my employer appeals after I begin receiving benefits?
If your employer appeals, you will generally have an opportunity to participate in a hearing before an Administrative Law Judge. If the decision changes, additional issues regarding previously paid benefits may need to be resolved.
Do I need an attorney for an unemployment hearing?
Working with the skilled unemployment lawyers at Hawks Quindel can be beneficial when complicated legal issues, disputed facts, or significant financial benefits are at stake.
Speak With a Wisconsin Unemployment Benefits Lawyer at Hawks Quindel Today
Losing your job is difficult enough without having to fight a complicated unemployment benefits system on your own. Whether you are filing an initial claim, responding to an employer's challenge, or appealing a denial, the attorneys at Hawks Quindel will explain your rights, prepare your appeal, and fight to protect the unemployment benefits you have earned through your work.
Contact Hawks Quindel today by calling our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our confidential contact form.