Filing for and Receiving Unemployment Insurance.

1. Filing For And Receiving Unemployment Insurance Produced by New Mexico Legal Aid Funded with assistance From The Pro Hac Vice Fund of the New Mexico State Bar Foundation LSC

2. What Is Unemployment Insurance?

3. The UI Process

4. Separation From Employment

5. Eligibility Requirements To Receive UI 1 Conditions of Job Separation 2 Required Employment History 3 Work Search /Availability

6. Conditions of Job Separation Voluntary leaving with “good cause connected to the employment” Terminated for reasons not amounting to “misconduct” or

8. Some Examples of Good Cause The working conditions are unsafe (asbestos in the ceiling tiles) You are asked to perform an illegal action. (CPA asks the accountant to “cook the books” ) Employer does not pay your wages

10. Fired For Misconduct

12. Employers’ Interest The employers interest extends to the success of their business. Interest may be expressed by rules and policies However, policies must be reasonably related to the employer’s legitimate business interests. An employer’s interest cannot infringe too heavily on your personal rights. It is not necessary for actual harm to an employer’s interest to occur for an action to be considered against an employer’s interest.

14. The employee to follow company policies

16. Intentionally breaking or damaging company property

17. Threatening employees or customers

18. No call no show- being absent from the job without notice

19. Loss of necessary license (taxi driver is arrested for DWI and has license suspended; a nurse looses nursing license active by failing to perform necessary course work)

22. Work Search Requirement Each week you must: contact and apply for work with two or more employers each week. You should not repeat employer contacts until 4 to 6 weeks have passed You must record the names and phone numbers of the employers you have contacted.

23. File A Claim For UI Benefits

24. What You Will Need To File a Claim

25. A Note On Earnings If you earn money from an odd job while you are receiving unemployment benefits you MUST report these earnings to the Department.

26. You must wait one week from the time you file for UI benefits until you receive them.

28. Your call will then be transferred to a Customer Service Representative (CSR) who will complete your claim over the telephone.

30. Claim Determination

31. The Initial Claim Examination The claim is evaluated for the eligibility requirements based on the Claimant's and the Employer's description of the job separation The claim is denied or approved Once the initial determination is made, the party that loses may appeal the claims determination to the appeal tribunal

32. Notice of Claim Determination

34. Administrative Law Judge Appeal

36. Calendar Days Include weekends If the appeal date falls on a weekend or on a federal holiday, the appeal is due the next business day. 18 7

37. Where To Appeal Online: www.dws.state.nm.us By Mail New Mexico Department of Workforce Solutions, Appeals Tribunal, P.O. Box 1928, Albuquerque, NM 87103 By Fax: 505-841-8633 By Phone: 1-(505) 841-4000

39. Your name

40. Date appeal sent

41. SSN

42. Reason for appealIf you appeal by mail, send your appeal certified mail return receipt requested. If you appeal by fax, be sure to confirm the Department received your fax.

44. The notice will contain:

45. Time

46. Location

47. Nature of the hearing (telephonic or in person)

48. Issues on appealNote: This Notice will be sent to your address of record with the Department; it is important to keep your address with the Department current. Note: You will not be notified of an employer’s appeal until ten days in advance of a hearing.

50. Employer’s policies

51. Written warnings or other writings

52. Witness

53. With first hand informationWhen submitting documents as evidence, make sure to put your name, SSN, name of judge and date of hearing

55. The Hearing Process

57. Ask only questions!

58. If you asked a question don’t ask it again.

59. Examples

60. Isn’t it true that I was hired on January 28th 2010?

62. Allow for elaboration, but not too much, by witness

63. Examples

64. How would you describe the temperament of the store manager?

66. After the hearing, a decision will be made and mailed to all involved parties.

67. A Note On Overpayments An overpayment is when you are paid money you are not entitled to. An overpayment occurs when a determination awarding UI is overturned. In the event of an overpayment you must repay ALL the money given to you by the Department. Overpayments can be very large: $2,000-$10,000

68. One More Note On Overpayments There are two decisions to be on the look out for: the decision denying eligibility for UI benefits; and the decision that informs the claimant that an overpayment has occurred and the claimant must repay the benefits If you do not agree with the denial of UI benefits, you must appeal both decisions

69. Administrative Law Judge Decision

71. Higher Authority

73. By mail:

74. New Mexico Department of Workforce Solutions Workforce Transition Services DivisionBoard of ReviewP.O. Box 1928Albuquerque, NM 87103

75. By Fax(505) 941-8309 (Note: this fax number may change)

77. The Higher Authority Appeal Not a new hearing – only evidence previously submitted to the ALJ is reviewed Examples of what the HA will review: Whether the ALJ hearing was conducted in a fair manner; Whether the ALJ’s decision is supported by the facts in the case; and Whether the ALJ properly applied the law and regulations

78. Decision of the Board of Review/Secretary

80. District Court

81. You have 30 calendar days to appeal the decision of the Higher Authority into District Court(§51-1-8(N), NMSA 1978 ).

82. What You Need To File Petition for Writ of Certiorari (Rule 1-077 NMRA) Writ of Certiorari You must file an appeal in the court district where you live.

84. Must contain: (Rule 1-077 (F) NMRA)

85. a statement of the issues;

86. A summary of the proceedings

87. nature of the case

88. course of proceedings

89. final determination

90. all facts relevant to the issues presented for review.

91. statement of the precise relief sought

93. Things to Know No docket fee will be charged for filing your appeal You must have the original documents and three copies (one for you, one for the Department, and one for the employer) Provide pre-addressed postage paid envelopes to the court for mailing of the writ Cases will be done different based on the judge’s preference

94. Filing For And Receiving Unemployment Insurance Produced by New Mexico Legal Aid Funded with assistance From The Pro Hac Vice Fund of the New Mexico State Bar Fundation LSC