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Unemployment Hearing guide ebook


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A free short guidebook written by an ex unemployment hearing officer for the state. This will help you learn how about how to avoid being denied unemployment benefits and what to expect during your unemployment benefits hearing.

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Unemployment Hearing guide ebook

  2. 2. TABLE OF CONTENTS 1 Intro 5 Chapter 2 8 Chapter 3 20 Chapter 4 27 Conclusion
  4. 4. FREQUENT QUESTIONS AFTER INITIAL UC DENIAL This begins the process of unemployment once you have applied and been denied benefits or once you are notified you must attend an unemployment hearing. I just received a referee’s decision and lost my case. What can I do? If you disagree with the decision, you can file an appeal with the Unemployment Appeals Commission. The instructions for filing an appeal are included on the decision. If the decision is not appealed, it will become final by operation of law. I want to appeal the referee’s decision, but the 20 calendar-day appeal period has expired. Am I still able to appeal the decision? You may still appeal the decision, but there will be an issue of whether the Commission has the legal authority to review the case. You should explain in your appeal letter why your appeal is late. The Commission may require you to provide additional information about the lateness of your appeal after they docket your case. If the Commission is unable to excuse the late appeal, it will dismiss your case and the referee’s decision will remain final. I have received a Notice of Docketing, what does this mean? The Notice of Docketing is the Commission’s acknowledgement that it has received an appeal of a referee’s decision and will be reviewing the case. The Notice of Docketing includes important information about the Commission’s review process.
  5. 5. FREQUENT QUESTIONS • Will the Commission be holding a hearing? The Commission does not hold a hearing. If a timely appeal was filed, the Commission will be reviewing the record from the proceedings before the referee to determine whether the referee’s decision was supported and correct. • Will the Commission be considering evidence that was not presented to the referee during the prior hearing? The Commission will review any information sent to it in connection with an appeal; however, absent extraordinary circumstances, the Commission cannot use that information as “facts” when making its decision. • Do I need to respond to what the other party said in his or her letter to the Commission? You may respond to the letter; however, a response is not required. Any such response must be made in writing and also be sent to the opposing party. It is not necessary to repeat matters that were discussed at the hearing because that information is already on record and will be reviewed if the appeal was timely filed. • Do I need to send the Commission any additional information? If a timely appeal has been filed, the Commission will automatically review the hearing record to decide whether the referee’s decision was supported and legally correct. Parties do not need to send the Commission anything that was already presented to the referee because that information will be reviewed when the Commission reviews the case.
  6. 6. UNEMPLOYMENT TERMS • • • Determinations (Important: The determination is the initial decision whether a claimant will be paid or denied benefits as a result of a particular issue. A determination may also address specific issues that relate to employers (such as tax account charges). A determination will have appeal rights and serves as the "point of entry" into the appeal system.) A person who files a claim for unemployment benefits is called a "claimant." After the claimant files a claim, the Unemployment Agency initially determines whether the claimant has sufficient work and earnings to be monetarily eligible for a claim according to your state law. If the claimant has sufficient earnings to be monetarily entitled to a claim, the Agency investigates the reason the claimant is unemployed. This investigation includes the claimant's most recent employer, and any other employers the claimant had in the last 12-18 months. An adjudicator then issues a determination addressing each separation that impacts the claim, stating whether the claimant will be disqualified from receiving benefits and whether the employer's tax account will be charged with any benefits paid in connection with the claim. Additionally, during the course of a claim, an adjudicator may address other issues, such as whether a claimant has refused an offer of suitable work without good cause; is able and available for work; has properly claimed weeks of unemplolyment; is disqualified due to any subsequent separation from employment; or has been overpaid benefits which must be repaid. (These are only some of the issues that may arise.) A determination issued addressing any of these or other issues could lead to a denial of unemployment benefits or affect an employer's tax rate.
  7. 7. UNEMPLOYMENT TERMS • • Unemployment Appeals Referees A claimant or employer who receives an adverse determination has the right to protest that determination and participate in a hearing before an appeals referee. (The procedure for appealing a determination is included on the determination.) Upon receiving an appeal, the Unemployment Agency will schedule a hearing involving all interested parties to address the issues. The parties will be mailed a Notice of Hearing telling them when the hearing will be held and whether they are expected to participate in-person or by telephone. Any questions about the hearing or the hearing procedure should be directed to the Office of Appeals. The parties are expected to present all of their evidence and testimony to the appeals referee, who will then make a decision based only upon the evidence and testimony presented during the hearing. An audio recording of the hearing will be made by the referee. When the hearing is completed, the referee will issue a written decision. A party who is dissatisfied with the decision may file a request for review with the Unemployment Agency.
  8. 8. Once you have received notice of a hearing your time to prepare and arrange a rep “ Hiring someone to represent you during your hearing will greatly increase your chances of winning. I highly recommend it. - Matt (Client) ”
  9. 9. HEARING PROCEDURES • • • • • • • Once you have a hearing scheduled Should I go to the hearing? Yes. If you do not go or appear in some other way: • The Administrative Law Judge will usually dismiss your case if you are the party who filed the appeal. Hire an Unemployment Representative to represent you in the hearing to make sure no one tak • The Administrative Law Judge will usually hold the hearing without you if another party filed the appeal. What will happen at the hearing? At the hearing the Administrative Law Judge will: • Record the hearing • Explain the hearing process • Question parties and witnesses under oath • Receive papers and other exhibits At the hearing each party can: • Present necessary witnesses and exhibits • Question parties and witnesses • Respond to evidence presented by others • Make closing comments
  10. 10. HIRE A CONSULTANT NOW! We offer consultations which consists of a telephone consult to help you understand your situation and give you a case summary outline to use to represent yourself during the hearing. We will also provide you with any appeal letters you need. If you need full representation for your hearing contact us first. Full Consultation $50 We also offer full Representation for your Unemployment Hearing. Contact us first.