The pupose of the first unemployment appeal hearing has alway been to collect relevant facts that address the unemployment question(s) posed by the issue(s) of unemployment law listed on an unemployment hearing notice.
And no, I'm not yet yapping about second level appeals to a board of review.
It's the first level unemployment appeal letter, however, that literally initiates your right to this first hearing.
Once you're at the hearing, either appearing by phone, or in person (depends on the state) you will be allowed to finally present testimony and evidence the hearing officer believes to be relevant to fully explore the same issue on a claim's determination that someone appealed because they merely thought it was erroneous.
In other terms, the reason for appeal may only be your belief the erroneous findings of the claim department (based on the "available information") is in conflict with the intent and purposes of an unemployment law due to missing information.
But for some reason, when claimants appeal they also often demonstrate a penchant for spilling their entire argument, (or their uniformed guts) in what only needs to be a K.I.S.S. unemployment appeal letter.
The first unemployment hearing is actually the last hearing that should matter to you if you think you've been wrongly denied unemployment benefits, or an employer thinks you've wrongly been allowed to collect unemployment.
When the issue is a voluntary quit, or discharge for misconduct no matter the claim department's finding, it is a lower level appeal, or first level unemployment hearing (often called a tribunal) that gives all interested parties their last chance to fully, the facts surrounding the cause for separation from a job.
And the point is you too, must be ready to fully explore and support the premise for your argument, whether meant to sustain a burden of proof, or rebut a burden with as much credibility as possible.
Credibility often goes to the party with not only credible sounding direct witness testimony, but evidence, documents to drive that story home to be the accepted facts in the case.
The reality check is you need you to understand that sometimes, even if you have a winnable appeal, it's because you may now be facing off with employers with a lot more experience attending and working unemployment hearings .. you need to be even more prepared to win strategically to get, or keep your unemployment benefits.
I used to work for what is known as a TPA (third party administrator) who is literally in the business of managing thousands of other businesses unemployment claims and being an appeal coordinator .. I can assure you that the average win/loss ratio for any unemployment hearing rep I contracted was usually close to seventy-five percent on the win side.
what a last chance appeal to an unemployment insurance board of review should be focused on to also be effective.
Make sure your request for hearing letter is sent verifiably, to the state as instructed and in a time manner to meet the deadline for appeal.
Always send it in a way that allows you to produce documented proof you sent it in timely in the event timeliness of appeal , becomes another issue of UI law to address at the hearing.
Learn if your state also sends an appeal acknowledgment.
Many states after receipt of an appeal letter, send an acknowledgement of appeal to all interested parties to an appeal. (This often includes a copy of the appeal letter itself which can also be revealing).
Get a copy of your state unemployment claim file.
I don't care what lengths you need to go to get a copy of the state's file on your unemployment claim up to when the initial determination of benefits was issue .. but do it!
How in the world do you expect to fight an employer, regardless of who the appellant is .. if you don't know what they told the state, or didn't tell the state that forced that initial determination always based upon the "available information" they gathered from both you and the employer.
Besides .. if a coach doesn't want to see it .. a hearing representative will ask for it to determine if they want to represent you.
Well .. knock me over with a feather .. you say your employer has decided to fight your unemployment benefits? Who would've thunk it!
If you've never seen the term "frivolous appeal" as it relates to employment issues, it's likely you don't know what some sorts of employers think can be misconduct connected with the work.
But if you think just because an employer appeal is frivolous .. you still don't have to attend, or prepared to argue back and compel a hearing officer to see why their appeal is without merits .. think again .. or you may just want to read some of those FAQs about appeals.
This is easy, the issues should all be listed on a hearing notice when you receive it, however, you also need to be on top of identifying the issues that may be beneficial to your case, but missing .. maybe something like employer timeliness of appeal, or non-appearance issue if they missed the last hearing? Depends on the state, but well worth your time to investigate if a missing issue is erroneously .. not helping you.
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.
I don't know about you, but I think how much unemployment will pay is an important issue and one that any erroneous departmental errors causing a smaller weekly benefit amount for any reason needs to be assessed and appealed when necessary.
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