Advocating to unemployed employees about the unemployment appeal process is a little different than advocating to employers who are often old hands that have mucked about in it for years.
Forgive me if I presume you know nothing about the basics of the unemployment appeal process .. such as how important it is to not write an untenable appeal letter that can defeat you .. before you even begin trying to figure out if you can win a first level unemployment hearing.
You don't have to spill your guts to get the first unemployment hearing underway and docketed.
Spilling your uneducated UI appeal guts in a letter that contains an untenable basis for appeal can become a self-disqualifying document that will become part of the record of that first and all important hearing.
To protect yourself from spilling your guts ..
Click here to find the sample appeal letter that says just enough to show your disagreement and request an appeal hearing be scheduled. By the time the hearing rolls around, maybe you'll understand not everything you're feeling right now .. is relevant to winning an unemployment hearing.
Tribunal unemployment appeal letters are in response to claim determinations of benefits.
It's a letter of appeal from either the claimant, or the employer that spurs a first level appeal hearing to be scheduled. A notice of hearing (NOH) will then go out to all interested parties to the appeal, so make sure the UI dept. has your correct address .. always.
The NOH lists the issues to be addressed at the hearing, the date, time and mode of the hearing. It also, comes with instructions that inform you of some very important requirements and these also are connected to protecting your basic rights to to ensure due process is given to you fairly, and impartially.
A tribunal hearing officer's decision can also be appealed to an unemployment board of review..
The tribunal hearing, where you are given the opportunity to testify, submit documents and call witnesses, are recorded for good reason.
It's the record a board of review .. reviews for anything you raise on appeal having to do with hearing officer err, or defect as related to your rights to due process.
This is why it's important to win the first tribunal unemployment appeal hearing and actually why it's difficult for the inexperienced unemployed person to win the first hearing.
Those rights to due process are tools to use during the first hearing and if you don't use them effectively, you haven 't created any appeal points on the record to draw a board of reviews attention to in a written argument designed to persuade this panel to issue an order that reverses, remands or reopens your case back down at an additional, or brand new lower level tribunal hearing.
The advised steps to winning unemployment hearings to employers begins with making certain rules for conduct in the workplace are in place. Making sure the employee knows or is aware of the rules and of course enforcing the reasonable rules uniformly, not unilaterally.
And always, always to document disciplinary actions which should always include a final warning which makes the employee aware further intentional violations will put their job into jeopardy.
But sometimes .. a write up which documents an infraction of the rules .. doesn't mean an infraction occurred, so employee, know you have the right to counter document .. if you so desire and this can in some circumstances help you win an unemployment appeal.
Early preparation is nothing less than guarding your unemployment appeal position, while the employment relationship is still active.
Unemployment appeal hearings come full circle and explore relevant facts .. and proof and testimony to arrive at a decision about FAULT.
In other words ..what happened at work doesn't stay at work, but comes out at hearing .. and if you're interested in coming out on top .. you have to present you side at least as well as your employer will.
In essence, I believe more people would win benefits after an unemployment hearings, if they knew what employers know.
Unemployment claims are controlled by proof created within the bounds of the at-will employment relationship.
And when you're not proving a fact .. you may need to rebut something being presented as a fact of the case..
More About Unemployment Appeals