Unemployment Appeals

Silvestri Gidvani is experienced in representing both employers and employees with regard to unemployment benefits.  For our business clients, we can protect your experience rating by ensuring that only those who are entitled to benefits receive them.  For our consumer clients we ensure that you have an adequate opportunity to explain why you should receive unemployment compensation. 

Unemployment in Nevada is provided to parties who have been laid off or have quit with good cause.  There are three common scenarios in which a claim is denied:

  1. An employee quit without good cause: The Nevada Department of Employment, Training and Rehabilitation provides that good cause for leaving work can be established if a reasonable person would find a compelling reason to quit and there are no other reasonable alternatives but to quit.  Silvestri Gidvani is experienced in ensuring that the matter is properly adjudicated in favor of our client. 
  2. An employee was discharged for misconduct: Misconduct is not defined by statute, but has been defined by the Nevada judiciary as “a deliberate violation or disregard on the part of the employee of standards of behavior which his employer has the right to expect.  Carelessness or negligence on the part of the employee to such a degree as to show a substantial disregard of the employer’s interest or the employee’s duties or obligations to his employer are misconduct.” Barnum v. Williams, 84 Nev. 37, 436 P.2d 219 (1968).  The standard used by the Nevada judiciary may sometimes be subjective, but the attorneys of Silvestri Gidvani are experienced in ensuring our client’s position is presented in the most favorable light possible. 
  3. The employee didn’t work enough: In Nevada, a person must earn at least $400 in one quarter of the base period, and have total base period earnings of not less than 1-1/2 times the earnings in the highest quarter, OR must have wages in at least three of the four base period quarters used to calculate eligibility.  Silvestri Gidvani will evaluate earnings to ensure all calculations are correct. 

Silvestri Gidvani boasts a high success rate in unemployment appeals both for employers and employees.  If you have been wrongfully denied unemployment compensation, or if your business is being subjected to a higher experience rating due to illegitimate determinations, contact us today. 

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