I know many of my fellow at-will employees didn't realize just how crucially important, the first unemployment appeal letter has always been to collect, or keep benefits.
But if my experience means anything, I know it is you, already collecting weekly unemployment benefits who ignore a notice of hearing at greatest risk of having to repay benefits.
I, nor anyone, can force you to appeal, or attend a first level unemployment hearing because your employer appealed, but this still doesn't eliminate the fact, the smart move is to prepare for it like you have something more to lose if you don't win.
For the record, my disagreement with self evaluations often only show up when someone asked these questions about unemployment appeals
The first unemployment hearing is actually the last hearing.
It's only lower level unemployment hearings where you get the chance to rehash fully, the facts surrounding your separation issue for a job.
It doesn't matter whether you're the one to appeal a denial of unemployment initially, to keep the benefits, or the more common scenario of an employer who appeals to argue that separation should find you ineligible to collect unemployment.
You reality check is to understand 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