How do I appeal an unemployment insurance denial in Virginia?

1. Agency. The Virginia Employment Commission (VEC) administers UI under Title 60.2 of the Virginia Code.

2. Common Disqualifications. Voluntary quit without good cause (Va. Code § 60.2-618(1)), discharge for misconduct connected with work (§ 60.2-618(2)), refusal of suitable work (§ 60.2-618(3)), not able and available (§ 60.2-612(7)), or receipt of severance.

3. Determination Notice. A VEC deputy issues a written Deputy's Determination stating the reason and appeal rights.

4. Appeal Deadline. 30 calendar days from the mailing date of the deputy's determination (Va. Code § 60.2-619(B)). Late appeals require good cause.

5. Filing the Appeal. File online through the VEC Customer Self-Service portal, by mail, fax, or in person at a VEC field office.

6. First-Level Hearing. A VEC Appeals Examiner conducts a telephonic de novo hearing (Va. Code § 60.2-620). Both parties testify under oath, submit documents, and cross-examine witnesses.

7. Burden of Proof. Employer bears the burden on misconduct discharge; claimant bears the burden on good-cause voluntary quit.

8. Decision. The Appeals Examiner issues a written decision typically within 30 days.

9. Second-Level Administrative Appeal. Appeal to the three-member VEC Commission within 30 days (Va. Code § 60.2-622); review is on the record with limited additional evidence.

10. Judicial Review. Appeal to the circuit court of the city or county in which the claimant resides within 30 days under Va. Code § 60.2-625; review is on the substantial-evidence standard, and the Commission's factual findings are conclusive if supported by evidence.

11. Continued Filing. Continue weekly certifications during the appeal to preserve back pay.

12. Overpayment. If you lose, VEC issues an overpayment notice; non-fault waiver may be granted where recovery would be against equity and good conscience (Va. Code § 60.2-633).

This is legal information, not legal advice.