Unemployment Benefit Attorneys in Madison & MilwaukeeIf You Have Been Denied Wisconsin Unemployment Compensation, We May Be Able to Help Reverse the Denial
How Wisconsin Unemployment Benefits Work
In Wisconsin, even if a claimant has been terminated for cause or resigned their employment, he or she may still be entitled to unemployment compensation benefits. Here are some basic guidelines on unemployment compensation in Wisconsin:
- Normally, applicants are entitled to a maximum of 26 weeks of unemployment compensation benefits. Currently, the maximum amount of weekly benefits is $363, and the lowest is $54. However, there are some exceptions to the 26 week limit that our attorneys can discuss with you.
- The Wisconsin Supreme Court has stated that if a worker is terminated, an employer can deny Wisconsin unemployment compensation only if that person was terminated for “misconduct.” This requires more than simply showing the worker made a mistake; the employer must show the worker’s conduct amounts to a willful disregard of the employer’s interests such as willful violations or gross negligence. However, a new standard known as “substantial fault” becomes effective in January 2014, which could make it more difficult for workers to obtain Wisconsin unemployment benefits.
- Workers are required to conduct a job search while receiving Wisconsin unemployment compensation. Currently, that means applying for at least two jobs per week.
- Generally, if a worker voluntarily resigns from a job, they are not immediately eligible for benefits. However, there is still a chance that he/she is entitled to benefits due to extenuating circumstances that create an exception under the law. Contact our attorneys to find out if any of these exceptions applies to you.
Applying for Wisconsin Unemployment Benefits
Procedurally, the first stage of the process is a written application for benefits, which workers may complete online. This application initiates an investigation by the Unemployment Compensation Office, in which the worker and the employer are interviewed separately. The worker should be honest and forthright at this stage. Remember, the burden is initially on the employer to show the worker is not entitled to benefits.
Appealing a Wisconsin Unemployment Benefits Decision
If the investigator determines the worker is not entitled to benefits, the worker may appeal and have the claim heard by an Administrative Law Judge. If benefits are denied by the investigator, the burden will be on the worker to show the judge he/she is entitled to benefits. If the investigator awards benefits and the employer appeals, the burden is on the employer to show benefits should be denied. Regardless of which situation a worker finds themselves in, our attorneys are available to discuss your case and provide assistance. To speak with a Madison unemployment benefits attorney, call (800) 610-0040 or (608) 257-0040; to speak with a Milwaukee unemployment benefits attorney, call (800) 236-3348 or (414) 271-8650, or send us an email.
Please contact us if you would like to discuss your situation or legal rights with a Wisconsin employment attorney.