If you win an unemployment hearing, you'll get unemployment benefits.
You have the right to argue your case at an unemployment hearing if you lost your job and your initial claim for unemployment benefits was denied.An administrative law judge will make a decision regarding your eligibility for benefits after hearing from you and your former employer.You need to convince the judge that you are entitled to unemployment benefits in your state.
Step 1: You should read the determination notice.
You will be given written notice of the denial if your unemployment benefits claim is denied.The reason or reasons your claim was denied will be included in the notice, as well as information on how long you have to appeal that determination and the process for doing so.Remember the deadline for filing an appeal and don't delay in requesting one.Depending on the state in which you filed your claim, you may have between 10 and 30 days from the date on your determination notice.
Step 2: Request a meeting.
If your notice includes an appeal request form, you can simply write a letter to the address listed on the notice.You want to appeal the determination if your notice doesn't include a form, type or letter.You can simply write "I want a hearing to appeal the denial of my claim for unemployment benefits"Attach your name, address, and phone number, as well as your Social Security number or any other account or file number listed on your determination notice.Make at least one copy of your letter for your records before you mail it.You can use the address from which the determination notice was sent if you want to request an appeal.
Step 3: Confirmation of your appeal hearing.
A scheduled date and time for your hearing will be sent to you after your appeal request is processed.Send a request for the hearing to be postponed if you know you won't be able to attend.Unless there is an emergency, you cannot request the hearing be changed unless you make this request as soon as possible.
Step 4: It's a good idea to consider hiring an attorney.
An employment lawyer can help you through the appeals process.Unemployment benefits can be very complex and confusing.If the circumstances surrounding your dismissal are in dispute, an attorney who specializes in this area of law may be your greatest asset.If you're not eligible for benefits, your former employer will most likely have a lawyer working on its side to prove it.Attorneys who represent workers at unemployment hearings understand that their clients have just lost their jobs.The attorneys have sliding-fee scales based on your ability to pay.You may be able to get free or reduced-fee services from your local legal aid office.There is a directory of free legal aid services.
Step 5: Continue to make a claim.
Even though you were denied, don't stop filing a claim just because.Your back benefits will only cover the weeks in which you were eligible if you win your appeal.
Step 6: Learn how the law applies to your case.
You need to find legal justification for your argument that the state was wrong in denying you unemployment benefits.If you quit or were fired, you will have to prove your eligibility for benefits.If you quit, you're the one who knows why, and if your boss fires you, he or she has the information.If you lost your job through no fault of your own, you are eligible for unemployment benefits.If you quit your job, you may be eligible for unemployment benefits.If you quit, you have to show that you would have been hurt if you stayed.What the law calls a "reasonable person" standard will be looked at by the judge.If a reasonable person stood in your shoes, you would be entitled to unemployment benefits.Some reasonable causes for quitting include harassment or discrimination, a substantial reduction in hours, or working conditions that are so unsafe or unsanitary that they present an immediate risk to your health.Specific reasons may be included in your state's statute.If your employer fired you for good cause, you're not entitled to unemployment benefits.This means that you were fired because of something.If you can prove that you violated the policy for a good reason, you may be able to get benefits.It is important for your former employer to be able to show the judge that you knew about the rule and broke it.If the rules weren't presented to you in writing before the events took place that led to your firing, your former employer cannot prove to the judge that you knew what you were doing was wrong.If the judge decides that your conduct was so minor that it didn't rise to the level of firing, you may be eligible for unemployment benefits.
Step 7: Support documents can be gathered.
Performance reviews and emails from your boss can be used to back up your argument.It is possible that your employee handbook supports the fact that you are eligible for benefits.Suppose you were fired for not showing up to work on time.If the employee handbook states that all employees must receive two warning notices before they are terminated for tardiness, it would show that your employer didn't follow its own policy.
Step 8: Please submit your evidence.
In some states, you have to send your documents to the judge and your former employer before the hearing date.If you aren't required to submit your evidence, make sure you have at least two copies of any documents you plan to reference in the hearing, one for your former employer and the other for the judge.If your hearing will be conducted over the phone, you need to send in any documents you plan to reference so everyone can look at them.Any documents your former employer plans to use must be submitted.
Step 9: Your argument should be written down.
Keep your statements organized by writing detailed notes at the hearing.Creating an outline will allow you to stay focused during the hearing and make sure you tell the judge everything he or she needs to know.Although you can appeal the judge's decision if he denies your claim, you won't be allowed to introduce new facts in that second appeal.Think about your reasons for quitting and how they fit into the law.If your reasons for quitting fall within one of the exceptions to the general rule that employees who quit work voluntarily are not eligible for unemployment reasons, think about how you can prove them.You need more than just your words.According to the points of your argument, organize your evidence.In front of friends or family, you could practice your speech to the judge.If something doesn't make sense or one of your points is confusing, they can tell you.
Step 10: Talk to your former colleagues.
Former co-workers may be able to testify on your behalf.A former co-worker who can corroborate your side of the story can be the difference between winning and losing a case.If your former co-workers are still employed by the company that let you go, they may be unwilling to take your side.Some states allow you to subpoena witnesses.Check with the unemployment office to find out if you can do this, and what the deadline is for requesting subpoenas.
Step 11: Continue to search for a new job.
As you prepare for your hearing, conduct yourself as if you already have benefits.Read the requirements for benefits.To be able to start work, you have to apply for a certain number of jobs per week.A detailed record of the places where you've applied to work, the position to which you applied, and any other relevant details should be kept.You should treat your search for work as if it's your job.
Step 12: Arrive at the location of the hearing.
It can be done over the phone or in a physical location.If you want to win your case, you need to show up at your hearing.If you don't show up, the appeal will be dismissed and you will not have another chance to file an appeal.If your former employer doesn't show up, the judge will still hold the hearing, but the odds are in your favor.If you were fired, your former employer can't meet the burden of proof if it's not there.Regardless of whether your employer is there, you still have to prove to the judge that you quit for work related reasons.If your hearing is at the unemployment office, you should arrive a few minutes before the scheduled time so you can organize your documents and prepare for the hearing.The staff in the office should be treated with respect and courtesy.If your hearing is over the phone, make sure your phone is charged and prepare documents before you call.There won't be a lot of background noise if you set yourself up in a quiet room.You want to avoid the possibility that your phone will lose signal if you stay in one place after the call starts.The process of the hearing and the rules of conduct will be explained by the judge.Make sure you understand the rules.Wait until the judge asks if there are any questions before you ask for clarification.Both you and your former employer will be sworn in after the judge introduces you.Anything you say during the hearing must be the truth to the best of your knowledge.If you're asked a question and you don't know the answer, you can ask for the question to be clarified or restated, or simply say you do not know.
Step 13: You have a case.
If you quit your job or were fired, you may be able to present your case before or after your former employer.You can tell the judge your side of the story at the hearing.As you make your presentation, speak clearly and stick to the facts.You can use your notes to stay on track.Try to remain calm and avoid personal attacks on your supervisors.You can ask witnesses questions if you have witnesses.Once you've finished, your former employer will have the chance to question you.Your former employer will have an opportunity to ask you questions after you've made your statement and presented your evidence to the judge.
Step 14: The judge has a lot of questions.
The judge will ask questions to determine your eligibility.If you don't understand what the judge is asking, or if you want to understand why a question was asked, you can ask for clarification.Remember that you are under oath, and don't argue with the judge, as this can hurt your case.You may be asked questions by the judge.You can describe the efforts you've made with your records.You should be prepared to answer questions about your education, employment, and work history.It is possible to present yourself as an honest, hard-working employee.
Step 15: You should listen to the testimony of your former employer.
The reason you should be denied benefits will be discussed by your former employer.Don't interrupt the testimony.If you disagree with something your former employer says, make a note of it and ask them more questions.You can ask your former employer questions if they call witnesses.Pay attention to how the witness answers the questions.In your cross-examination, take notes regarding anything you want to bring up.You can cross-examine your former employer when he or she finishes giving his or her statement.You can ask questions related to what your former employer said.Try not to take an accusatory tone.If you do not want to cross-examine your former employer or any of his or her witnesses, you don't have to.It's okay to pass if you feel uncomfortable or worried.If you decide to cross-examine your former employer, avoid asking questions that you don't know the answer.Try to find documentary evidence to confront your former employer if they say something is a lie.If your former employer states that you were fired for violating a company policy, you can ask her to point out the policy in your employee handbook.She will be forced to admit that the policy was never written down, which will make it difficult to prove that you knew about it.
Step 16: Notices of the judge's decision will be received.
A notice will be sent to you after the judge makes his ruling.The notice will tell you what to do if the judge rules against you.You only have a few days to appeal the decision, usually a week or so.Your employer has the right to appeal if the judge rules in your favor.