Unemployment Insurance (UI) is a program for workers who lose their jobs. UI gives you benefits if you are unemployed, and it is not your fault. The Department of Economic Security (DES) runs the unemployment insurance program in Arizona.
Each state must follow certain federal laws but usually has its own laws for who qualifies and how much assistance you get each week.
To qualify for unemployment benefits in Arizona, you must:
Be unemployed “through no fault of your own” for at least one week.
When you first apply for UI benefits, the Department of Economic Security (DES) will decide if your job loss disqualifies you under Arizona law. If your employer fires you for “willful or negligent misconduct” or if you quit, you will not likely qualify for unemployment.
Examples of willful or negligent misconduct include:
What your employer calls misconduct might not always match Arizona’s legal definition. Quitting your job does not automatically disqualify you from getting unemployment benefits. If you are denied unemployment benefits, you may need to appeal to explain why you quit but still qualify.
Have worked and earned enough money at a “covered” employer during the “base period” of your claim.
You must have earned an average amount of pay per week if you apply for unemployment in Arizona. Learn more about wage requirements for unemployment benefits.
A “covered” employer means that you worked for a company that pays unemployment taxes to the state. Some employers like small, family-owned businesses or religious organizations might not be covered.
Your “base period” is a year-long period that starts at a certain time in the last year based on when you are applying for unemployment benefits. Learn more about Unemployment Insurance Base Periods.
If you are unemployed, you can apply for unemployment benefits in the state where you last worked. If you last worked in Arizona but no longer live in Arizona, you may still need to apply for unemployment benefits in Arizona.
The state where you currently live can give more information about how to file a claim in a different state. If you live and last worked in Arizona, you can follow the steps below to apply for unemployment.
Unemployment benefits are not retroactive so you should apply as soon as possible after your last day of work. If you are still working, you will need to wait until after your last day of work to complete an application.
Before you apply for unemployment benefits, you should have the following information available:
If you are approved for unemployment benefits, DES will send you a notice called a “Determination of Deputy.”
This notice will explain why you were approved. Your Wage Statement will show how much you will get each week and the total amount you can expect to receive. If there are any other issues, you need to fix them before DES sends your first payment.
When you apply for unemployment benefits, the first week you are unemployed is called the “waiting week.” During this week, you will not get benefits, but you still need to meet all the requirements.
After the waiting week, if you are still unemployed and meet the requirements, you can start getting payments.
To keep getting unemployment benefits, you need to do a few things:
You can check the status of your payments online in the weekly claim portal or call the Telephone Information and Payment System (TIPS) at (877) 766-8477 and select option 2.
If you are not approved for unemployment benefits, DES will send you a notice called a “Determination of Deputy.”
This notice will explain why you were not approved and tell you what to do if you disagree with the decision. There are deadlines that affect your right to appeal an unemployment benefits decision. You need to carefully read all the communications from DES.
Some common reasons why DES might deny an unemployment application are:
If you disagree with a decision about your benefits, you usually have the right to ask someone to review the decision. This review is called an appeal.
You can ask for reconsideration or file an appeal. There are different deadlines for each.
If you ask for a reconsideration, DES will look at your unemployment application again. If DES denies your request for reconsideration, they will forward your request to their Office of Appeals as an appeal. Your employer may also file an appeal if they disagree with a DES decision.
You must file a request for reconsideration (Spanish) within 15 days of the determination notice DES sends you. DES will decide on your request for reconsideration within 7 days.
You must file an appeal within 7 calendar days after you get DES’s notice of benefits determination, or 15 calendar days from the date DES mails the notice to you.
There are several ways you can appeal a decision made by DES. Choose the way that is easiest for you:
You do not need to use special language in your appeal but make sure to include:
Keep proof of how and when you appeal. This will help you prove you have appealed before the deadline in case anything happens.
A lawyer may be able to help you through the appeal process. Visit the Find Legal Help section to find the legal help you need.
After you appeal, DES will schedule a hearing with an Administrative Law Judge (ALJ). An ALJ is like a judge for your appeal. The ALJ does not know about your case until the hearing. The ALJ learns about it from you and DES.
It could take DES several months to schedule your hearing. It is important to tell DES if you move or change your mailing address. This will help make sure you get your notice of hearing packet and do not miss your hearing.
You will get a notice in the mail before the hearing. The notice will tell you:
If you have a good reason (“good cause”) that you cannot attend the hearing on the date or time it was scheduled, you can ask to move it to a different date, called a continuance.
Hearings are usually by phone unless you ask for an in-person hearing. The notice will tell you how to ask for an in-person hearing. It will also explain how to send proof to the ALJ and how to have witnesses speak.
At the hearing, an Administrative Law Judge (ALJ) will listen to your case. The ALJ will:
The ALJ may not have the paperwork you sent to DES, or information you already told DES staff. Check the documents DES sent with your hearing notice to see if your paperwork is there.
Send any documents or papers you sent to DES to your former employer at the address on the appeal notice. Make sure to send your documents early enough so both DES and your employer have time to review them before the hearing.
At your appeal hearing, the ALJ will explain the hearing process.
Depending on how you left your job (if you were fired or you quit), either you or your former employer will present their case first. If you quit, then you will go first. If you were fired, your former employer goes first.
Both you and your employer can have witnesses who know about the events in question.
You can ask your witnesses questions in front of the ALJ, and your employer can ask their witnesses questions in front of the ALJ. After you ask your witnesses questions, your employer can ask your witnesses questions. After your employer asks their witnesses questions, you can ask your employer’s witnesses questions.
After both sides present all their evidence, the ALJ will close the part of the hearing where evidence is presented. Each side can make a brief closing statement.
The ALJ does not make their decision during the hearing. All decisions must be made in writing. The ALJ will send the decision to each party.
If you do not agree with the decision of the ALJ, you can file an appeal. An appeal of the ALJ’s decision is called a “Petition for Review.” Your appeal goes to the Appeals Board.
You must file a written appeal of the ALJ decision within 15 days after the date of the ALJ’s decision notice. Read the decision notice carefully. It will include information about how to file a Petition for Review.
When you appeal with a Petition for Review to the Appeals Board, you can request the hearing recording (transcript) to listen to what happened at the hearing.
You can also ask for extra time to file an appeal after listening to the transcript. If you have the recording turned into a written document, you can quote specific parts in your appeal. You may be able to get a written transcript free of charge if you tell DES you cannot afford the cost.
The Appeals Board will look at all the issues you raise in your appeal. Examples include:
If you appeal to the Appeals Board, you can ask for 1 or 3 members of the Appeals Board to review your appeal. If you do not make a specific request, only 1 member of the Appeals Board will make the decision.
The Appeals Board reviews cases and makes decisions in writing.
The Appeals Board posts the days it meets publicly at DES’s central office. You can attend on the day the Appeals Board reviews your case. Once the Appeals Board issues a decision, the “losing” party has 30 days to appeal the decision.
The Appeals Board can affirm, overturn, set aside, or remand (send back) your decision.
Once the Appeals Board issues a decision, the “losing” party has 30 days to appeal the decision.
If you decide to appeal an Appeals Board decision, your appeal goes to the Court of Appeals. The Court of Appeals does not have to accept your appeal.
If the Court does not accept the case, then the decision of the Appeals Board is final. If the Court of Appeals decides not to review your case, they will issue a decision denying your appeal.
If the Court of Appeals accepts your case, then your appeal goes forward under the Arizona Rules of Civil Appellate Procedure.
If the Court of Appeals accepts your case and you are self-represented, the Court may assign you a pro bono (free) attorney to represent you.
The Court of Appeals will only consider the issues that were raised before the Appeals Board. You cannot raise any new issues. This means you cannot make new arguments about why you think you should have won before the Appeals Board or ALJ. You may only argue that they made a mistake when they decided your case on the arguments you made.
This topic can be complicated. You may want to talk to a legal professional for help.
This website shares general legal information. Some content may be simplified or may not reflect recent changes in law. If you need advice for your specific situation, you should talk to a legal professional.
