Updated: 2020-12-13 by
If the Rhode Island Department of Labor and Training denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the Rhode Island Department of Labor and Training will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the Rhode Island Department of Labor and Training finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the Rhode Island Department of Labor and Training finds you eligible to receive benefits, your ex-employer can appeal that decision.
If you want to appeal the Rhode Island Department of Labor and Training decision, check the Rhode Island Department of Labor and Training website and handbook for:
- Any forms and instructions for filing your appeal
- The deadline for filing your appeal
- What to do if you are filing late
- Where and how to file your appeal
- How long the appeal process takes
- What happens to your benefits while you wait for a decision on your appeal, and
- A link to the Rhode Island Board of Review that will review your appeal.
What You Should Include in Your Appeal
Your state may have a form that you can fill out to file your appeal. Check the Rhode Island Department of Labor and Training website and handbook for any forms and instructions for filing your appeal. Be sure to include your social security number, the reason you are appealing the decision, and any claimant identification number referenced in the Rhode Island Department of Labor and Training decision in your appeal.
How and When to File an Appeal of Denial of Benefits in Rhode Island
You can appeal a decision by the Rhode Island Department of Labor and Training by filing your appeal online or by mail or fax with the Rhode Island Board of Review. (You can find the online link, address, and fax number at the Rhode Island Department of Labor and Training website.) Any appeal of the decision must be postmarked (if mailed) or received (if filed online or by fax) by the Rhode Island Board of Review within 15 calendar days of the mailing date of the Rhode Island Department of Labor and Training decision.
What If You File Your Appeal Late?
Many states accept late-filed appeals if you can show good cause justifying the late filing. A deadline to appeal within a specified number of “calendar days” means counting every day on the calendar, including weekends and holidays. If the deadline to file your appeal falls on a weekend day or holiday, the deadline is extended to the next business day (Monday through Friday, excluding holidays).
What Happens After You File Your Appeal?
The Rhode Island Board of Review will contact your ex-employer and give them a chance to submit a response to the appeal. Then the Rhode Island Board of Review will review the appeal and set a hearing. You and your ex-employer can present evidence to the Rhode Island Board of Review at or before the hearing. Examples of evidence you may want to submit include documents showing your rate of pay, and documents or witness statements supporting your eligibility (such as evidence that the employer fired you for reasons other than misconduct). After the hearing, the Rhode Island Board of Review will notify you and your ex-employer of its decision. If you disagree with that decision, you can appeal that decision, too. The Rhode Island Department of Labor and Training website has information on how to file this second-round appeal.
Claim Your Weekly Benefits During the Appeal
You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. That way, if you win the appeal, you can receive retroactive benefits. For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits?
You may also be interested in:
If you were fired for illegal reasons, you may be eligible for unemployment benefits.
Find out how and when to consider hiring a lawyer to help with your unemployment claim.
Learn how a lawyer can assist you with your unemployment case in Rhode Island.