Appeal an unemployment denial in Virginia

An appeal has short deadlines. Find your deadline, then use the letter and checklist to get ready.

Checked against official sources: October 31, 2026.

Levels of appeal and deadlines

First Level Appeal

VEC Administrative Law Division, Office of First Level Appeals (Appeals Examiner)

Deadline

30 calendar days from the mailing date of the Deputy's decision (the final date to appeal is printed in bold at the top right of the decision)

Counts as filed
on the postmark date or the date the agency receives it, as the state's rule says (check your notice)
How to file
Appeal in writing online in Customer Self Service, or mail, fax or bring the First Level Appeals form (or a letter) to a Virginia Works office. File before midnight on the final date. The VEC counts the U.S. Postal Service postmark or the date the VEC receives it.
Where to send it

Virginia Employment Commission, Attention: First Level Appeals, P.O. Box 26441, Richmond, VA 23261-6441

File online

Fax: 804-786-8492

It must include
  • Claimant name and Claimant ID number
  • Employer name
  • Whether the claimant or the employer is filing, and that person's mailing address and phone number
  • The Issue ID number from the top right of the Deputy's decision
  • Your reason for appealing
  • If late, why you filed after the final date
  • Whether you need an interpreter or other accommodation, and the language
  • Your signature and the date
If it is late
The 30-day period can be extended only for good cause, meaning circumstances beyond your control that kept you from filing on time.
While you appeal
Keep certifying (filing your weekly or biweekly claims).

Law: Va. Code sec. 60.2-619(D)

Official source: Source page

Commission Appeal

Virginia Employment Commission (Special Examiner)

Deadline

30 calendar days from the date of notification or mailing of the Appeals Examiner's decision

How to file
Follow the instructions in the Appeals Examiner's decision. File online, or mail or fax the Commission Level Appeals form. A Special Examiner usually decides on the existing record without a hearing. You may ask to present new evidence or for an oral argument within 14 days of the Notice of Appeal mailing date.
Where to send it

Virginia Employment Commission, Attention: Commission Level Appeals, P.O. Box 26441, Richmond, VA 23261-6441

File online

Fax: 804-786-9034

It must include
  • Claimant name and Claimant ID number
  • Mailing address and phone number of the person filing
  • The decision number(s) you are appealing
  • Your reason for appealing
  • Your signature and the date
If it is late
The 30-day period may be extended for good cause.
While you appeal
Keep certifying (filing your weekly or biweekly claims).

Law: Va. Code secs. 60.2-620(B), 60.2-622

Official source: Source page

Petition for judicial review in circuit court

Deadline

30 calendar days from the mailing date of the Commission's decision

What to know
If you disagree with the Commission's decision, you can file a petition for judicial review in the circuit court of the county or city where you last worked, within 30 days after the decision is mailed. No bond is required. Follow the instructions in the decision letter.

Law: Va. Code sec. 60.2-625

Every state must give a fair hearing before an impartial tribunal to anyone whose claim is denied.

Law: 42 U.S.C. 503(a)(3) (Social Security Act sec. 303(a)(3))

Appeal deadline calculator

Pick the appeal and enter the date it runs from. We add the days from the state's rule to that date.

Worked out in your browser. Nothing you type here is saved or sent.

Use the date printed on your paper or online notice.

Pick the appeal and enter the date

Appeal request letter

Fill in the boxes and get a letter you can print or send. You write the reasons in your own words. The letter is in English because the agency works in English.

Copy the address where your notice says to send it.

Write it yourself, in English. We do not suggest what to say.

Sign the letter and keep a copy. Keep certifying while you appeal.

Other formats

Preview (the English text you send)

Hearing preparation checklist

Logistics and rights from your state's hearing information, plus your own list of witnesses and documents.

Other formats

Preview

The hearing

Format
First level hearings are held by telephone. The Notice of Telephone Hearing is mailed at least 10 days before the hearing. You must register your phone number by 12 noon Eastern time on the business day before the hearing (by calling the number on the notice or online), or you cannot take part.
Notice before the hearing
10 days
Documents and witnesses
Send your evidence at least two business days before the hearing (earlier is better) and share copies with the other party. Evidence not given to the other party will not be considered. Register and notify any witnesses you plan to call.
Interpreter
Ask for an interpreter on your appeal form or contact First Level Appeals.
Representation
You have the right to a lawyer or other representative. Tell the VEC if you hire one.
If you miss it
Taking part is voluntary, and a decision is made on the evidence available even if you do not attend. If you do not take part, you cannot question the other party or respond to their evidence.

Law: Va. Code sec. 60.2-620; Va. Code sec. 16VAC5-80

Overpayments and waivers

If you got benefits you were not entitled to, you must repay them, and the VEC can take the amount from future benefits. An overpayment is not decided until the decision finding you ineligible is final. If the VEC finds you knowingly made a false statement, you are also disqualified for 52 weeks and must pay a penalty of at least 15% of the overpayment (federal law requires at least 15%).

Appeal within
30 days from the mailing date of the overpayment decision
Waiver
The state can waive some overpayments.
The standard
The VEC must waive repayment after an individual review if the overpayment was not your fault and repaying would be against equity and good conscience. "Not your fault" includes overpayments caused by VEC administrative error, by your employer pressuring you, or by your employer not answering the VEC's request for information on time. It does not include fraud, most reversals on appeal, or system errors affecting a group of claimants. Repayment is against equity and good conscience if it would take away the income you need for basic necessities such as shelter, food, medicine and child care.
How to ask
The VEC notifies people with an unpaid overpayment (for weeks from March 15, 2020 on) that they may be entitled to a waiver. You have 30 days from that notice to ask for a waiver; the VEC may extend this for good cause. If the waiver is denied, you can appeal within 30 days.
How the state collects
If repayment is not waived, the VEC can negotiate repayment: taking up to 50% of future weekly benefits, waiting until you find work, or an individual payment plan. Overpayments caused by VEC administrative error are collected only by offset or a repayment plan. The VEC can also collect by civil action. A non-fraud overpayment left unpaid is discharged after five years from the end of the benefit year.

Law: Va. Code sec. 60.2-633(B); Va. Code sec. 60.2-633(A), (E)

What federal law adds on overpayments

  • Whether an overpayment can be waived, and how to ask, depends on your state's law. See your state's page.
  • Your federal tax refund can be taken to pay a past-due state unemployment overpayment caused by fraud or by not reporting your earnings, once it is final under state law. Before this happens, the state must notify you and give you at least 60 days to show that the debt is not owed or not legally enforceable.

    Law: 26 U.S.C. 6402(f)

  • For fraud overpayments, the state must add a penalty of at least 15 percent.

    Law: 42 U.S.C. 503(a)(11)

Free help

Call 1-866-832-2363. Legal aid and other free help in Virginia → Official sources →

More questions about unemployment in Virginia

Where can I get free help with an unemployment claim in Virginia?

Virginia Legal Aid (valegalaid.org - find your local legal aid program) and Legal Aid Justice Center.