Winning an Unemployment Appeal



There's a reason I chose to advocate to employees and spent years  explaining  the basic arguments which may help to sustain, or rebut a burden of proof at an unemployment hearing

In fact, I've spoken with many smart claimants over the years that  didn't  know the initial determination after a quit, or discharge, left their former employer as free to appeal to a first level unemployment hearing as they would of been if denied unemployment

But I've also,  read at least a couple thousand claimant's  letter of unemployment appeal that managed to provide self disqualifying information for the state and the employer to focus on. 

The question is .. why would anyone include untenable information in a letter requesting a hearing they actually expect .. need to win?

I do in fact,  remember how confused I  was the first eighteen months I worked in unemployment, but I could ask questions and actually get answers that made sense on a very real level..

If an unemployed person is just half as confused as I was and without any recourse to ask the same questions .. often more than once ..  it's easy to imagine why  those deserving to win an unemployment appeal can lose because of what they didn't know to do..

Winning, is preparation with full knowledge the some hearing decisions include case references to support a finding that ignorance of UI law,  is not an acceptable excuse.

But like everything in life .. the choice to prepare, or not to prepare is yours and yours alone.

An Unemployment Appeal is Appropriate When Justifiably Aggrieved by a Determination

All interested parties to a claim determination have the right to appeal .. even if they don't know yet how they should prepare to win the hearing.

But the word aggrieved suggest you know why you disagree.

Winning an unemployment appeal hearing is more than just telling your story to a hearing officer mandated with protecting both parties rights to due process .. impartially (There's a difficult frame of mind to maintain).

The steps to winning a hearing are no different whether trying to get, or keep benefits or deny benefits.

Preparation  begins with know the issue to be addressed at the hearing.

If necessary, to  look for, or subpoena relevant  evidence, or direct witnesses to help  support a viable argument  intended to fulfill, or rebut a burden of proof which is either focused on the cause for separation from a job as being the. fault of the employer .. or the employee..

But here's the thing .. even people who might of presented an argument which result in benefits being paid .. don't know how to argue at a quasi-judicial proceeding that is very much like a trial with the right to object to things and cross examine witnesses.

Representation is a very specialized skill people .. and a skill that improves the odds of winning the only hearing where you get to address facts about your separation leading to a finding of it not being your fault .. from 30 percent .. to whatever the win/loss ratio might be of a qualified professional unemployment hearing rep.

Yet, I know .. some of you can't even afford to put gas in your car to look for a job .. so at least try to find some free information intended to get you focused on preparing for a hearing .. instead of winging it.

More About Not Losing an Unemployment Hearing

Why Board of Review Appeals Are Not Second Chances

Sample Letter to Appeal a Denial of Unemployment

Q&As About Appeals and Hearings

How Can You Prepare Better (Q&As about issues)

What's Your State Unemployment Law Say

Professional Unemployment Appeal Representation