How to win, is an individual process of preparing to prove, or rebut testimony and/or evidence both you and the employer have a right to give and submit into the record and use to your advantage to argue the issue(s) listed on the hearing notice for the first appeal hearing.
And for some of you, it will begin with a non-disqualifying unemployment appeal letter .. if you're the claimant.
Why you need to win the first unemployment hearing is because winning a second level board of review appeal isn't to explain again how you came to be separated from your job.
Board appeals aren't always difficult and are useful for some things, like asking for a reopening to show good cause for your non-appearance at the first hearing.. so you can finally address the issue of a cause for separation.
But most boards only review written arguments about the record and do not accept new evidence, or testimony, which is in the end the goal of a board appeal .. to get back down to the level where they do take evidence and testimony about whatever issue is listed on a hearing notice.
This is why, no matter what the unemployment benefit question my answers are often filled with questions I need to ask to learn enough to know where the person is in the overall unemployment process, so I might know what I would do if in that same position.
This is what I do for myself to know if had a valid argument to win my own unemployment appeal hearing. And I would do the same if it were my employer fighting my benefits.
After all, to ignore the fact an employer and an employee both have a right to exercise disagreement with any initial non-monetary determination to get a first level appeal hearing is a very short-sighted view of how unemployment insurance benefits have worked for a very, very long time.
I ask questions because it's always been my first step to learning and preparing to do just about .. anything .. except painting walls:)
But it wasn't long after I first wen to work in the unemployment claims management industry, asked questions and learned the routines of fifty state appeal processes that I took notice of some of my employer's and their clients "best practices" that made me feel guilt by pure association. Not an excuse for continuing to overlook what could sicken me .. mind you, but it was also a strong reason for why I answered unemployment appeal questions posed by claimants in the first place.
The reason I believe everyone, not just employers could benefit from being represented by someone who knows how unemployment hearings work is because they already know how to make use of some special rules of procedure for conducting a first level unemployment hearing fairly and impartially.
The rules, according to the ETA (Employment and Training Administration), responsible for providing all state agencies with directives and advisories as to how to run their individual unemployment programs must think rules most unemployed people don't know about should be enough to ensure every claimant not knowing the rules exist .. get a fair and impartial hearing.
When I am asked questions about how I would prepare to win, or what I would do to up the odds to not lose an unemployment appeal hearing, I say to start thinking about using rules of procedure to learn what you may have a right to do, or object to being done in that hearing .. which might then become a point of appeal to a board of review.
A letter to appeal a denial of benefits should not be the document that provides self disqualifying information for an employer, or the state, to explore.
In fact, it should be simple, simple, simple because all you need to do is signal your disagreement and request the only unemployment hearing you can reasonably expect to get.
There is absolutely no reason a claimant of benefits, disagreeing with an initial determination of benefits, clueless as to how the appeal process works, should spill their guts before they get to the referee, or first level tribunal unemployment hearing.
An appeal letter should say just enough to show your disagreement to gets a first level appeal hearing scheduled.
If you believe you should be represented at your first hearing, I provide referrals to unemployment hearing representatives.
If you cannot afford the cost of professional unemployment appeal services then reach out to your state to see if you qualify for free unemployment legal assistance
More About The First Unemployment Appeal