I know many employees don't realize just how crucially important, the first unemployment appeal hearing can be to win. Especially for those of you already collecting weekly unemployment benefits now at risk for becoming an overpayment to repay.
However, for the record, here at least, it's been my experience most first level unemployment appeals are filed for by employers, disagreeing with the fact you are receiving unemployment benefits, or just hell bent on stopping benefits thanks to what you don't know about appeal hearings.
The first unemployment hearing is usually the only lower level unemployment hearing chance you'll receive, whether you're the one to appeal a denial of unemployment initially, or to keep the benefits .. which is why an employer who pays for those benefits, fights your right to collect.
If you're one of those people who want to say .. but I know their is a second chance appeal .. I will presume you're referring to the last chance appeal to an unemployment insurance board of review that can result in a new, or additional first level unemployment appeal hearing.
If you've been denied unemployment .. all you need do for the moment to prepare for the first hearing is write an appeal and my advice to those who are clueless as to what actually can happen at this first hearing .. keep it simple stupid.
Make sure you get that letter to the state as instructed and on time with proof you sent it in timely in the event timeliness of appeal , becomes an issue added by the state if they think it arrived to them past the deadline noted on all initial determinations.
Many states send .. after receipt of an appeal letter, an acknowledgement of appeal. (This often includes a copy of the appeal letter itself).
Now, all you have to do is wait for the notice of hearing to arrive (which shouldn't take that long since federal guidelines think thirty days from the date an appeal is received is sufficient for a state to docket, hear the facts, and issue an unemployment hearing decision based upon the record created by the first unemployment hearing.
But, don't forget, you also have rights to due process prior to a hearing and those rights can help you to prepare effectively to achieve what you need to get on the record for a fair and impartial shake (decision) after the hearing.
Just because of this, I provide unemployment coaching.
Well .. knock me over with a feather, you say your employer has decided to fight your unemployment benefits with an appeal letter of their own!
If you've ever seen the term "frivolous appeal" as it relates to employment issues, it's likely being used in connection to what employers think employees do when they file any type of the various types of claims employee can file against an employer.
But maybe, this type of person has never worked for an unemployment cost control company, but only used one that is willing to file frivolous and generic unemployment appeals on behalf of their own ignorant about unemployment law, employer clients.
I for one, just can't forget when a hearing rep once told me during a discussion about how he won one of these frivolous cases I'd contracted him for ..
"You know what they say don't you? When they're crying, they're lying".
It did something to me and forever affected the way I viewed what I did for a living.
I suppose in the end it was the vast number of frivolous employer appeals that made me realize I desperately wished for the luxury of not providing my services at will, but only after a free initial consultation that allowed me to follow directives from my own conscience and simply think in terms of what the need for winnable merits actually means in the long run.
Identifying the specific issue, possibly more than one, that should be listed on your unemployment hearing notice, is also what directs you in terms of being prepared to effectively address the question of the issue, once at the hearing.
This is true whether you're rebutting, or sustaining the burden of having good cause to end the employment relationship.
Of course when we talk about good cause, were back to the Q&As which discussed specific elements to meet, or defeat an unemployment eligibility issue.
The initial monetary determination at minimum will establish the base period for your claim, and there they find the highest quarter of earnings in to establish how much unemployment benefits you will receive each week .. but there can be other issues such with this determination that will require an appeal hearing to sort out.
Do you have relevant evidence, or testimony you believe might of helped you to win the first and usually last lower level unemployment hearing?
But now that you've lost the first hearing you want to know what makes an appeal to a higher appeal authority work?
You should want to win the first unemployment hearing because winning a second level board of review appeal isn't actually a second chance to explain your story, but to explain why you quasi legally, deserve a second chance to have another first level hearing.
Board appeals aren't always difficult. Often used by employers for things, like asking for a reopening, so they can show good cause for non-appearance at the first hearing. I've personally spent a great deal of time .. doing just this .. requesting postponements for employers as a method of protecting their right to due process because it improves the odds for a reopening and another lower level hearing.
But, when both parties appear for the lower level hearing, a board appeal is usually disagreeing with a hearing officer .. or their decision.
For this, you need a good written argument (called a brief in some circles) pointing out the H.O's errors and defects made on the record by the hearing officer who was also mandated to conduct the first unemployment hearing fairly and impartially.
So, let me ask you, do you know when to object on the record? Do you know you can make a request during the hearing for continuances so you might obtain evidence you know will help explain your position .. and verbal argument made at a hearing.
There's more to preparing to win the first hearing than spilling your guts at one .. you have to learn how to tell your story in a way not common to most of us. As if you knew what happens at administrative law hearings and the laws that should be applied in your case.
Literally any reason you can be separated from you job, whether you think it isn't your fault, or an employer thinks it's all your fault is subject to being fully explored at the FIRST unemployment appeal hearing .. and therefore employees in the "new" and rapidly changing labor markets of today .. have at much at state to know how UI works as well as those who employ us.
Unemployment Law It contains the issues found on all appeal hearing notices.
Sample Appeal Letter For a Denial of Unemployment - Instead of writing an untenable short story.
Frequently Asked Appeal Hearing Questions