What is suppose to happen is best explained by using an alternate description for tribunal unemployment hearings.
The Full Fact Finder.
Tribunal hearings are intended to fully explore the facts leading to and surrounding the FINAL INCIDENT which caused one party to make the move to accept the burden of proving just cause to end the employment relationship.
Nobody knows better than you do, what happened .. right?
But, do you know how to make a persuasive argument with the facts you have at this moment?
You're doing a job when representing yourself. Lead .. compel .. the hearing officer to conclude, through a preponderance of testimony and evidence, or purely by telling the most credible sounding story, that the fault for the separation lies with the employer .. not you.
Sounds easy now .. for those who know the fault doesn't rest with themselves, but you still need to prepare to persuade..
As stressed as you might be about winning an unemployment appeal hearing .. it is not a place, or time to let emotions such as anger, or self doubt, rule over your PLAN to represent yourself pro se at a quasi-administrative law proceeding.
So, when I tell you it's time to think like a lawyer .. all I really mean is you need to identify and focus on an argument that proves the legal issue(s) listed on a hearing notice.
And on a more cynical note, understand that what you don't say at a hearing, may serve you as your testimony about the truth if what happened to cause the separation..
Let's start with some things I know to be fact.
Unemployment hearings are conducted much like a mini trial and most frequently, by phone in this United states.
And .. semantics matter. If you're going to go to the trouble of appealing, or attending a hearing when an employer appeals, put the emotional baggage which often raises an impulse to second guess yourself which often comes out sounding like you're admitting fault.
Both you, and your employer will have the right to ..
And all on the record. Plus, you need to pay attention to the fact that even the responses and questions posed by the hearing officer, are also part of the record.
In case you haven't notice, I think the RECORD is important..
After all, any further appeal will likely need to be based upon it ..
Here's a few examples of how a state might first inform you of important rights you possess with regard to creating a record .. at first level unemployment hearings.
You can let me know how the fair and impartial hearing worked out for you, but then, we'd be talking about your chances and merits for getting a board of review to agree the hearing officer made errors .. found somewhere in the RECORD.
Preparation for an unemployment hearing is as individual as the facts that led to quitting, or getting fired .. and even if good cause exists for a moving party, . proving it at an appeal hearing sometimes will just come down to the quality of the most persuasive argument and wise use of procedural rights to due process .. that ultimately falls on you to protect in the event you need to appeal further..