Claimants
What are some common reasons people are disqualified from benefits?
- Voluntarily quitting without good cause
- Being discharged for misconduct
- Failing to seek or accept suitable work
If NDOL determines that I quit my job without good cause, is the disqualification permanent?
The disqualified individual will be ineligible for benefits until they meet the following requalification requirements:
- Returned to insured work,
- Earned at least four times the claim’s weekly benefit amount, and
- Separated from the most recent employer under non-disqualifying conditions
I received a determination that says I'm disqualified from benefits. I don't agree with this. What can I do?
You have the right to appeal if you disagree with a determination regarding your claim. Your appeal must be received at the Nebraska Claims Center or filed online within 20 calendar days from the date the determination was mailed.
You can file your appeal online at neworks.nebraska.gov, in writing by mail, by fax (402-471-1734), or by email (NDOL.Appeals@nebraska.gov). If filing an appeal by mail, send to: Nebraska Appeal Tribunal, Nebraska Department of Labor, PO Box 98941, Lincoln, NE 68509. If your appeal is in writing, you must state the reason you wish to appeal, and include your signature, Social Security Number and employer’s name. Include the Determination ID from your determination letter.
You will be notified by the Nebraska Appeal Tribunal that an appeal has been received. In a separate notice, you will be informed of the time and date of the hearing. Follow all instructions from the Appeal Tribunal to protect your own interests. It is important that you participate in the hearing. Appeal hearings are free and a lawyer is not required, although you may be represented at your own expense. Appeal hearings are conducted by telephone conference call.
What should I do while my appeal is pending?
While your appeal is pending, continue to file for weekly benefits, complete any required work search contacts, and log these contacts at neworks.nebraska.gov.
I don't agree with the Appeal Tribunal's decision. What can I do?
If you disagree with the Tribunal’s decision on your appeal, you may request that the Tribunal reconsider its decision or you may appeal to the District Court. A Request to Reconsider form is available at dol.nebraska.gov/Appeals and must be returned to the Tribunal within 10 days of the mail date on the Tribunal’s decision. To appeal to the District Court, you must file a Petition for Review in the appropriate court within 30 days of the mail date of the Tribunal’s decision. Information about filing a Petition for Review in District Court is found in Neb. Rev. Stat. § 84-917 and Neb. Rev. Stat. § 48-638. If you need further assistance, please contact an attorney.
I filed an appeal and have not heard anything. What should I do?
Carefully monitor communication from NDOL for a hearing notice. You may also check whether a hearing has been scheduled by logging into your NEworks account and navigating to the "Appeals" screen under "Unemployment Services" to check the status of your appeal.
Employers
What can be appealed?
A written determination issued by an adjudicator concerning a question of benefit eligibility or charging of an employer’s account may be appealed by an employer. An appeal must be in writing, must state that the determination is being appealed, and must be delivered and received within 20 days from the date the determination was mailed.
What information do I need to include in my appeal?
Appeals must include a copy of the determination being appealed or the determination ID number, the name and address of the employer, and name and social security number of the worker (if known). Appeals must state the employer’s reason for believing that the determination is in error. Neb. Rev. Stat. § 48-634.
Will there be a hearing?
Appeals will be heard by an administrative hearing officer. The employer, the claimant, and the Commissioner of Labor are parties to each appeal. Each party may appear, present evidence, and cross examine opposing witnesses. Questions about the appeal process should be directed to the Nebraska Appeal Tribunal at NDOL.Appeals@nebraska.gov or 402-471-9886.
I don't agree with the Appeal Tribunal's decision. What can I do?
You may request a reconsideration and possible redetermination based on new information if provided either prior to or in conjunction with your appeal. Requesting a reconsideration of the determination will not delay or extend the statutory 20 day filing requirement for your appeal. Neb. Rev. Stat. § 48-631.