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Unemployment benefits — South Carolina Templates

During the processing of an individual’s claim for unemployment benefits, a claims adjudicator with the South Carolina Department of Employment and Workforce (DEW) interviews the claimant, collects relevant information from the claimant and the company and thereafter issues a written decision regarding the claimant’s eligibility or ineligibility to receive unemployment benefits.

Either the claimant or the company subsequently can appeal the claims adjudicator’s decision and thereby receive a hearing before an administrative hearing officer. During this relatively informal hearing, the hearing officer gives the parties an opportunity to appear, testify and introduce whatever evidence (including documents) supports their position.

Winning a hearing

Although many companies engage legal counsel to represent them at such hearings, some employers choose to represent themselves. If this route is chosen, consider the following tips:

  • Know when to contest a former employee’s claim for unemployment benefits. An unemployment claim can only be disputed when:
    • the claimant has been unable and/or unavailable to seek suitable work during the period for which he or she is seeking benefits
    • the claimant is seeking unemployment benefits during a “labor dispute”
    • the claimant voluntarily retired or voluntarily quit without good...

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