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

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What Is Unemployment Insurance?

The UI Process

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Separation From Employment

Eligibility Requirements To Receive UI

Required Employment History Work Search /Availability123Conditions of Job Separation

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Conditions of Job SeparationVoluntary leaving with good cause connected to the employmentTerminated for reasons not amounting to misconductor

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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

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Fired For Misconduct

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

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Or reconfigure:

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Examples of Employers Interest The employee to show up on time and perform job duties The employee to follow company policies The employee to be honest and trustworthy

Some Examples of MisconductUsing company property without authorization (such as a car or credit card)Intentionally breaking or damaging company propertyThreatening employees or customersNo call no show- being absent from the job without notice 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) Violation of company policies (such as: substance use, computer misuse, and etc.)

Warnings Prior To TerminationGenerally, an individual must have notice or warning that specified conduct is subject to discharge before he/she will be disqualified for misconduct connected with the work.

However, express notice or warning may not be necessary if, as a matter of common knowledge and custom, an individual knew or should have known, the conduct in question was clearly detrimental to the employers interests.

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Required Employment History Employment in two or more of the last five quarters January FebruaryMarch AprilMayJuneJulyAugustSeptember OctoberNovemberDecember

Work Search RequirementEach 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.

File A Claim For UI Benefits

What You Will Need To File a Claim

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.

Each week you certify for unemployment benefits, you will be asked if you have earned any wages for the week you are certifying.

If you have worked at an odd job during the week for which you are certifying, you must report wages earned from this odd job. Failure to do so is considered fraud.

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

Apply For BenefitsOnlinewww.dws.state.nm.us

By Phone:1-877-664-6984Click Apply for Benefits. You will be directed to another web page. Sign in or register as a new user. You will then be asked questions about your previous employment.

You will be asked questions about your previous employment. You will be instructed to answer these questions by pressing the correct numbers on your phone. Your call will then be transferred to a Customer Service Representative (CSR) who will complete your claim over the telephone. You will be given additional instructions by the CSR to complete the filing of your claim.

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What To Do Once You Have AppliedContinue to be able and available to work and you must continue to actively seek full or part-time workYou must register with the Departments job/jobseeker database, unless you are a registered union member (Plumbers, Electricians, Pipe Fitters, etc .) Certify weekly that you are continuing to look for employment and have not yet found employment: Online or By Phone 1-877-664-6984

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Claim Determination

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 separationThe claim is denied or approvedOnce the initial determination is made, the party that loses may appeal the claims determination to the appeal tribunal

Notice of Claim Determination

Administrative Law Judge Appeal

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Calendar DaysInclude weekends February 12345678910111213141516171819202122232425262728

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If the appeal date falls on a weekend or on a federal holiday, the appeal is due the next business day.

Where To AppealOnline: www.dws.state.nm.usBy MailNew Mexico Department of Workforce Solutions, Appeals Tribunal, P.O. Box 1928, Albuquerque, NM 87103By Fax: 505-841-8633By Phone: 1-(505) 841-4000

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How To AppealYour appeal should contain the following:Your name Date appeal sent SSN Reason for appeal

If 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.

Notice Of HearingThe Department will send the Notice of Hearing at least ten days in advance of the hearing The notice will contain:Time Location Nature of the hearing (telephonic or in person)Issues on appeal

Note: 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 employers appeal until ten days in advance of a hearing.

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EvidenceAny relevant documents relating to the job separationEmployers policiesWritten warnings or other writings Witness With first hand information

When submitting documents as evidence, make sure to put your name, SSN, name of judge and date of hearing

The Hearing Process

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QuestioningCross ExaminationShould be yes no questions only. Ask only questions!If you asked a question dont ask it again. Examples Isnt it true that I was hired on January 28th 2010?And isn't it true that I was hired as a full time employee?

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QuestioningDirect ExaminationShould not be yes no questions.Allow for elaboration, but not too much, by witnessExamplesHow would you describe the temperament of the store manager?What actions did the manager take that led you to form this opinion of the managers temperament?

A Note On Closing StatementsShould be prepared in advance of the hearingShould be short (no more than 3 minutes)Should review facts presented during the hearingShould end with asking the judge to rule in your favor

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

A Note On OverpaymentsAn 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

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

Overpayment Determinations

Administrative Law Judge Decision

Higher Authority

How To AppealYou have 15 calendar days from the date the ALJ decision was mailed to file an appealBy mail:New Mexico Department of Workforce Solutions Workforce Transition Services DivisionBoard of ReviewP.O. Box 1928Albuquerque, NM 87103

By Fax(505) 941-8309 (Note: this fax number may change)If you appeal by mail, send your appeal certified mail return receipt requested.

Contents Of AppealYour name Date appeal sent SSN Claim Number Reason for appeal

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 ALJs decision is supported by the facts in the case; and Whether the ALJ properly applied the law and regulations

Decision of the Board of Review/Secretary

District Court

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

What You Need To FilePetition for Writ of Certiorari (Rule 1-077 NMRA)Writ of Certiorari

You must file an appeal in the court district where you live.

Petition For Writ Of CertiorariRequests the judge to review the decision of the DepartmentMust contain: (Rule 1-077 (F) NMRA)a statement of the issues;A summary of the proceedings nature of the casecourse of proceedingsfinal determinationall facts relevant to the issues presented for review.statement of the precise relief soughtMust be mailed to all involved parties (Department and Employer) ( Rule 1-077 (E) NMRA )

Writ Of CertiorariIs an Order signed by the District Court judge requiring the Department to submit the UI record of your claim to the judge assigned to your case

The Writ of Cert..

Things to KnowNo 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 writCases will be done different based on the judges preference

Three copies Envelopes Postage

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

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