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Produced by New Mexico Legal AidFunded with assistance From The Pro Hac Vice Fund of the New Mexico State Bar
Foundation
Eligibility Requirements To Receive UI
Required Employment History
Work Search /Availability
1
2
3
Conditions of Job Separation
Voluntary leaving with “good cause connected to the
employment”
Terminated for reasons not amounting to “misconduct”
or
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
Fired For Misconduct
Employers’ InterestThe 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.
Examples of Employer’s 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 employer’s interests.
Employment in two or more of the last five quarters
January FebruaryMarch
AprilMayJune
JulyAugust
September
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.
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.
You must wait one week from the time you file for UI benefits until you receive them.
Apply For BenefitsOnline
www.dws.state.nm.usBy 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.
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 work
You must register with the Department’s 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
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 approvedOnce the initial determination is made, the
party that loses may appeal the claims determination to the appeal tribunal
Notice of Claim Determination
Calendar DaysInclude weekends
February 1 2 3 4 5
6 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28March
1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31
18
7
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 Mail
New Mexico Department of Workforce Solutions, Appeals Tribunal, P.O. Box 1928, Albuquerque, NM 87103
By Fax: 505-841-8633By Phone: 1-(505) 841-4000
How To Appeal Your 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 employer’s appeal until ten days in advance of a hearing.
EvidenceAny relevant documents relating to the job
separationEmployer’s 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
QuestioningCross ExaminationShould be yes no questions only. Ask only questions!If you asked a question don’t ask it again. Examples
Isn’t it true that I was hired on January 28th 2010?And isn't it true that I was hired as a full time employee?
Direct ExaminationShould not be yes no questions.Allow for elaboration, but not too much, by
witnessExamples
How would you describe the temperament of the store manager?
What actions did the manager take that led you to form this opinion of the manager’s 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
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 benefits
If you do not agree with the denial of UI benefits, you must appeal both decisions
Administrative Law Judge Decision
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 ALJ’s 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
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 case course of proceedings final determination all 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
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 writ
Cases will be done different based on the judge’s preference
Produced by New Mexico Legal AidFunded with assistance From The Pro Hac Vice Fund of the New Mexico State Bar
Fundation