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).
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.
my personal employ thyself resource