Why Employees Can't Afford to Lose  Unemployment Hearings

YOU MUST WIN THE FIRST UNEMPLOYMENT HEARING ..

It is you one opportunity to present facts and evidence .. period.

I'm just trying to keep you from asking this question:

If I lose my appeal for unemployment benefits, can I go to court?

The truth is harsh .. employees are led into the first hearing alone by an invisible ring in their nose .. some might call it an empty pocketbook.

However, the question makes  it's clear you don't know enough about the unemployment appeal process to inspire any confidence in me you'll win your unemployment hearing. 

Besides it's going to be a lot more expensive to go to court and win   because then, you'd need an unemployment lawyer .. and besides winning is only done at a first level tribunal hearing.  

If at any time during the FIRST hearing you find yourself thinking ..

Hey, she was right, I'm in over my head.    My tip is to tart protecting your rights to due process yourself instead of relying on that hearing officer mandated to conduct a fair and impartial hearing.

Request a continuance.  Maybe,  something along the lines of  ..

Your honor, I would like to request a continuance of this hearing.  I do not feel capable of representing myself adequately and request I be given time to  find professional representation. 

If denied, the request itself creates a possible appeal point for you to hinge a board appeal on.    Although if it were me .. I'd of made the request just prior to the hearing by a day .. but then I know about this stuff.

There is ia subtle manipulation by state's to get claimants to that first hearing alone  because after it's over, it's over.   Most board appeals, (the supposed second chance appeal)  fail miserably because you  have not created any appeal points through objections and requests, so the hearing officer didn't have to make some kind of instant ruling which often is what creates errors and defects.

In case you're wondering .. this isn't legal advice .. just information from someone who used to be an employee for  UI cost control companies  and contracted non-attorney hearing reps for employers.

Here's a few examples of what states tell you about preparing win  unemployment hearings .. (I copied and pasted).

• Oregon -  Hearings are informal.  You can, but do not have to, obtain legal representation.  We can make special arrangements if you are hearing-impaired or need a special accommodation.  If you disagree with the hearings decision,you can appeal it to the Employment Appeals Board.  Follow the instructions for requesting a review which are included with the hearing decision.  The Employment Appeals Board reviews only the recording and the documents from the hearing.  They mail a decision to you and your employer after they complete their review.  If you disagree with this decision, you can appeal it to the Oregon Court of Appeals and further appellate courts.
• Illinois -  Can someone help me?   The hearing process is designed for the parties without a representative. The Referee is charged with conducting a fair and impartial hearing and it is his/her responsibility to protect the rights of all parties. However, you have the right to have a representative of your choice to help you at the hearing. Your representative can be an attorney or any other individual you choose.  
• New York - Do I need a lawyer?  No, but you have the right to be represented by an attorney or representative of your choice. An attorney or representative of a claimant cannot charge a fee unless the claimant is successful and the amount of the fee has been approved by the Appeal Board. (Would you work that way?  It's why claimant's in NY have slim pickins)
• Florida -  SHOULD I HIRE AN ATTORNEY?   Professional representation is not required and most people represent themselves at unemployment hearings. You have the right to be represented by an attorney or authorized representative at your own expense. Fees for representing a claimant must be approved by the appeals referee, but paid by the claimant. 

Although hearing officers are mandated by law to conduct fair and impartial hearings  and protect everyone's rights to due process, you may feel at some point during the hearing that nothing going on is fair or impartial.

Protect your own right to due process by making requests and raising objections.

A hearing rep's job is to make certain your rights to due process are protected.  They submit evidence into the record and link it in a relevant way  to your testimony, and the testimony obtained via cross examining  an employer witness.

Making objections or a reasonable request per procedural rules .. on the record helps to create valid appeal points for a board appeal.

What goes wrong when you're right?   A lack of experience in quasi legal matters of unemployment.

Want to ask a question or tell about your experience at an unemployment appeal hearing?

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