How do I appeal an unemployment insurance denial in Wisconsin?
1. Agency. The Wisconsin Department of Workforce Development (DWD), Division of Unemployment Insurance, administers UI under Wis. Stat. Chapter 108.
2. Common Disqualifications. Voluntary termination without good cause attributable to the employer (Wis. Stat. § 108.04(7)), discharge for misconduct or substantial fault (§ 108.04(5) and (5g)), refusal of suitable work (§ 108.04(8)), not able and available (§ 108.04(2)), or receipt of severance/wages in lieu of notice.
3. Determination Notice. DWD issues a written Determination stating the reason for ineligibility and appeal rights.
4. Appeal Deadline. 14 calendar days from the date of mailing of the determination (Wis. Stat. § 108.09(4)). Late appeals require good cause for the late filing or a reason beyond the claimant's control.
5. Filing the Appeal. File online through the DWD UI portal, by mail to the Hearing Office, by fax, or in person.
6. First-Level Hearing. The Office of Hearings conducts a telephonic de novo hearing before an Administrative Law Judge (Wis. Stat. § 108.09(5)). Both parties testify under oath, submit documents, and cross-examine.
7. Burden of Proof. Employer bears the burden on misconduct or substantial-fault discharge; claimant bears the burden on good-cause voluntary termination.
8. Decision. The ALJ issues a written decision typically within 21 days.
9. Second-Level Administrative Appeal. Petition the Labor and Industry Review Commission (LIRC) within 21 days (Wis. Stat. § 108.09(6)); review is on the record with limited additional evidence.
10. Judicial Review. Commence an action in the circuit court of the county of residence within 30 days of the LIRC decision under Wis. Stat. § 108.09(7); review is on the substantial-evidence standard.
11. Continued Filing. Continue weekly certifications through the DWD portal to preserve back pay.
12. Overpayment. If you lose, DWD issues an overpayment determination; non-fault waiver is available where recovery would be contrary to equity and good conscience (Wis. Stat. § 108.22(8)).
This is legal information, not legal advice.
- DWD alleges concealment fraud with 40% penalty under § 108.04(11)
- Employer alleges substantial fault that bars partial UI
- Your separation overlaps with a Wisconsin Fair Employment Act claim
- Wis. Stat. § 108.04
- Wis. Stat. § 108.09
- Wis. Stat. § 108.22
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.