How to Appeal the Denial of Unemployment Benefits - The Hearing

Loss of jobs and unemployment is something that many us have in common these days. If you have applied for, but have been denied, unemployment benefits, you can appeal. Each state has its own procedures for the appeal of the denial of unemployment benefits, but the basic rules and reasons are very similar. This article assumes that you have filed for unemployment benefits and were denied for a reason other than lack of sufficient work history to satisfy the base period dollar amount requirements. The article will focus on preparing for, and attending, the hearing itself.

Difficulty:

Moderately Challenging

Instructions

Things You'll Need

• Letter of Denial or Disqualification for Unemployment Benefits from your state's workforce agency.
• Notice of Hearing.
• Understanding of the facts of your case.
• Good cause to appeal.

1. 

   First, you need to understand why your unemployment benefits were denied. That is fairly easy. Just look at the denial letter, it should have the reason on it. In addition, once you file your appeal, the hearing notice will be very specific about what the issue of the case is. THIS IS THE ONLY ISSUE AS FAR AS THE HEARING OFFICER IS CONCERNED, SO DON'T GET OFF ON A TANGENT NOT RELATED TO THIS ISSUE. A denial will generally be for the following reasons:
   -You voluntarily quit without good cause attributable to the employer
   -You were fired for misconduct related to the job
   -You have refused a suitable job offer
   -You are unable or unavailable for work.

2. 

   While you are appealing the denial of unemployment, it is important to follow all of the required rules for continued collection of benefits. That means looking for a job and reporting to the workforce agency to report your efforts at the times they require.

3. 

   Now that you understand what the issue at your unemployment hearing will be, you need to decide if you have a case going forward. That means do you have a legitimate reason why you quit, or evidence that there was no misconduct on your part.
   - Some effective rebuttals if you quit include: You quit because of unsafe or unfair conditions that a reasonable worker in your position would have quit for; you quit because of illness or disability caused by the job, but your able to work at a different job; military transfer of a spouse; your employer asked you to do something illegal; your employer physically abused or sexually harassed you; or your employer refuses to pay or comp you for the overtime you worked. This list isn't all-inclusive and these reasons must be documented and supportable.
   - Misconduct is defined as an intentional or controllable act, or failure to act, that shows a deliberate disregard for the interests of your employer. So, you may have some room for rebuttal to a denial of unemployment benefits based on misconduct, if your actions were unintentional or unavoidable. That might be anything from not being able to come to work because you had a documented illness, to just being inefficient or ordinary negligence in your job. As far as misconduct is concerned it is important that the employer's rules were clear, that you knew them, and that you didn't follow them. If the employer requires a warning and you didn't get one, you may have a rebuttal here. It is important to note though that inherently dangerous or illegal acts on your part are generally not a defense, even if you had no warning or it wasn't written anywhere.

4. 

   Your notice of hearing will give you a time and place of your hearing. Many states do the entire hearing over the phone. There will be a hearing officer and he/she will conduct the hearing with both parties on the phone or in person. Before you have your hearing, make sure you know what's in the employers case. Call the number on your hearing notice and request a copy of the file. It is free, and will contain everything that the workforce agency and the human resources office of the employer submitted to support the denial of your unemployment benefits. If you are located in the same town as the hearing office, just go and request to see it. Take notes. If you need more time to prepare, ask for a continuance.

5. 

   At the unemployment hearing you have the right to testify; present evidence, both documents and witnesses; to question witness for both sides; to examine evidence; to rebut evidence; and to give a closing statement. The hearing will be taped and witnesses sworn, however, this is not like a formal trial. Don't be scared. The hearing officer will help you through the hearing. The best tactic is to be prepared. Any evidence, or list of witnesses, that you will use needs to be submitted to the hearing officer before the hearing so that he/she and the employer has notice. The rules are relaxed but hearsay cannot be used as a sole source to support a point. On the same hand, if the employer presents a business record, they have to establish its authenticity. If you need a witness who is not willing to come without a subpoena, let the hearing officer know and they will issue one. Sometime after the hearing, which will generally last less than an hour, you will get a written determination from the hearing officer. If it is in your favor, you will get benefits back to the date you originally applied. If it is against you, there are two more steps you can appeal it to, an appeals commission and judicial appeal. Hopefully it will never get to this point.

Tips & Warnings

• Make sure you meet all the deadlines. If it says 20 days to appeal, you must appeal within 20 days of the date of the letter, not when you received it.

• Stay professional and unemotional, especially during the hearing.

• If you need to appeal the case further, you can request a copy of the tape or transcription from the hearing.

• You do not need to have an attorney, in fact, many times the employer won't have one. If you do want one, however, contact your local Legal Services or Legal Aid office to see if you qualify monetarily for assistance. This is just the sort of work they do, so your good to go if you qualify.

• Review your case before hearing and have a list of points and questions you want to cover. Check them off as you go.

• Don't have a witness show up if you do not know what they will say. Talk to them first. If they won't say something that supports your case, don't call them as witnesses.

• DO NOT LIE OR ASK ANYONE ELSE TO. This will get you in big trouble.