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I have an appeals hearing scheduled and don't know what to expect

by Jane
(NM)

I have been denied unemployment benefits. I worked for a company for 1 1/2 years. They stated I didn't notify my supervisor of a case in which I was involved. I had been contacted by my client in the early morning hours of a holiday. She left a message stating the situation and that everything was being taken care of. I went to see her later that morning to make sure she was okay and didn't need anything inside my realm of my services. I notified my supervisor the next day of the incident. I was fired two days later.


I don't understand my previous employer denying me benefits since there is nothing in the hand book or otherwise written that I should have contacted my supervisor when I received the initial call. I had not been written up for anything relating to this issue.

What do I have to expect from the hearing.



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Sep 09, 2014
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I will be as specific as possible.
by: Chris

It is important to identify and understand the issues of UI law that will be listed on your hearing notice.


Then it is time to explore the circumstances of the final incident for strengths and weaknesses and with knowledge of who will be assigned the burden to prove good cause to be the moving party. This, of course, is contingent on whether you quit, or were fired.

Writing a timeline of significant work related events related to the final incident helps cement details and makes for a more cohesive and tight testimony .. Only most hearing experts would tell you to work this timeline backward from the final incident, not forward to what happened. Be as accurate as possible with dates, names and try to be honest without unecessary embellishments for emphasis.

The cold unvarnished truth is good, but even that is weighted by a document that can prove what you say is the truth. And how we tell the truth matters. For goodness sake, don't willingly admit partial fault at a hearing because you think it will show you being of good character as in being able to admit when you know you're wrong.

Sometimes a person will get the blame because they can't see there is a difference between just stating an unvarnished fact and when their own "unemployed personal baggage" rides along on the very words they testify with on their own behalf.

Are there documents you should submit for the hearing .. even if you don't possess them yet?
Are there documents that would do your case more harm than good that you should just forget about and hope the employer (in a discharge) also forgets to submit?
Are there willing witnesses to corroborate your version of the facts?
Do you need to consider whether a possible witness might be a hostile witnesses and whose answers you might not be sure of if you subpoena them to appear in your case .. against their will?

Learn the rules of procedure for an administrative law hearing in your state and don't shy away from using them to both protect your right to due processes during the hearing, like making appropriate objection during the hearing .. or a request for a postponement, or continuance if once in the hearing you decide you should of sought out representation. It's usually a good cause reason for getting a hearing postponed (before hearing) or continued (during hearing).

Write a list of questions you think you need to ask the employer on cross examination that sustain, or rebut the burden appropriately.

But, don't let your question list be like something carved in stone should you learn from an employer's testimony, a new, additional, or point to focus on that just dawned on you.

When possible, read up on any precedent decisions in your state that might support your argument and give a synopsis of reasoning for a precedent decision.


Yes, there are things you can and must do to prepare yourself to defend your right to get unemployment, or keep benefits, in the even it's an employer appeal.

But telling you how to prepare with specificity to circumstances surrounding your final incident..

Well, that sort of help is found under the unemployment services tab at the top in the navigation going from left to right.

Sep 09, 2014
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Response
by: Jane

Thank you for explaining that part of the process.

Now, I would like to know how to better prepare myself for the actual hearing. Are there things I should know going into this?





Sep 08, 2014
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Who denied you?
by: Chris

First of all, I know know what you expect me to tell you about what to expect from a hearing aside from what I have already generally discussed before.

I will tell you it's never the employer who denies an individual benefits and to question the fact that they fight benefits even without misconduct being committed is purely, blessed naivete, except for right now because it can surely hurt the outcome of a hearing decision.

It is first the state claim investigator that first gets to determine whether benefits are allowed, or not and this determination is made based upon the available information.

A hearing decision on the other hand comes after a full fact finder. Also, actually called an administrative law hearing .. with testimony, witnesses, evidence, cross examinations and objections .. and an administrative law hearing officer (often an attorney) running that show..

Ultimately it will be the hearing officer who gets to decide if the claims investigator was wrong when they issued the "initial determination" after fully exploring all of the evidence, testimony and objections to arrive at their decision.

You might want to take a look at NM benefit recipiency for the year 2013 .. as compared to some other states to know how a NM hearing might go down, or who goes down in flames most often.

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