A free short guidebook written by an ex unemployment hearing officer for the state. This will help you learn how about how to avoid being denied unemployment benefits and what to expect during your unemployment benefits hearing.

1. A PUBLICATION BY
UNEMPLOYMENTREVOLUTION
AN INTRODUCTION TO
UNEMPLOYMENT
THE FREE STEP-BY-STEP GUIDE TO UNEMPLOYMENT AND HOW YOU CAN DO IT
Written by an Ex Administrative Law Judge Hearing Officer for the State
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2. TABLE OF CONTENTS
1
Intro
5
Chapter 2
8
Chapter 3
20
Chapter 4
27
Conclusion
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3. CHAPTER ONE
FREQUENT QUESTIONS
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4. FREQUENT QUESTIONS
AFTER INITIAL UC DENIAL
This begins the process of unemployment once you have applied and been denied
benefits or once you are notified you must attend an unemployment hearing.
I just received a referee’s decision and lost my case. What can I do?
If you disagree with the decision, you can file an appeal with the Unemployment
Appeals Commission. The instructions for filing an appeal are included on the
decision. If the decision is not appealed, it will become final by operation of law.
I want to appeal the referee’s decision, but the 20 calendar-day appeal period
has expired. Am I still able to appeal the decision?
You may still appeal the decision, but there will be an issue of whether the
Commission has the legal authority to review the case. You should explain in your
appeal letter why your appeal is late. The Commission may require you to provide
additional information about the lateness of your appeal after they docket your
case. If the Commission is unable to excuse the late appeal, it will dismiss your
case and the referee’s decision will remain final.
I have received a Notice of Docketing, what does this mean?
The Notice of Docketing is the Commission’s acknowledgement that it has
received an appeal of a referee’s decision and will be reviewing the case. The
Notice of Docketing includes important information about the Commission’s
review process.
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5. FREQUENT QUESTIONS
•
Will the Commission be holding a hearing?
The Commission does not hold a hearing. If a timely appeal was filed, the Commission
will be reviewing the record from the proceedings before the referee to determine
whether the referee’s decision was supported and correct.
•
Will the Commission be considering evidence that was not presented to the referee
during the prior hearing?
The Commission will review any information sent to it in connection with an appeal;
however, absent extraordinary circumstances, the Commission cannot use that
information as “facts” when making its decision.
•
Do I need to respond to what the other party said in his or her letter to the
Commission?
You may respond to the letter; however, a response is not required. Any such response
must be made in writing and also be sent to the opposing party. It is not necessary to
repeat matters that were discussed at the hearing because that information is already on
record and will be reviewed if the appeal was timely filed.
•
Do I need to send the Commission any additional information?
If a timely appeal has been filed, the Commission will automatically review the hearing
record to decide whether the referee’s decision was supported and legally
correct. Parties do not need to send the Commission anything that was already
presented to the referee because that information will be reviewed when the
Commission reviews the case.
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6. UNEMPLOYMENT
TERMS
•
•
•
Determinations
(Important: The determination is the initial decision whether a claimant will be paid or
denied benefits as a result of a particular issue. A determination may also address
specific issues that relate to employers (such as tax account charges). A determination
will have appeal rights and serves as the "point of entry" into the appeal system.)
A person who files a claim for unemployment benefits is called a "claimant." After the
claimant files a claim, the Unemployment Agency initially determines whether the
claimant has sufficient work and earnings to be monetarily eligible for a claim according
to your state law. If the claimant has sufficient earnings to be monetarily entitled to a
claim, the Agency investigates the reason the claimant is unemployed. This investigation
includes the claimant's most recent employer, and any other employers the claimant had
in the last 12-18 months. An adjudicator then issues a determination addressing each
separation that impacts the claim, stating whether the claimant will be disqualified from
receiving benefits and whether the employer's tax account will be charged with any
benefits paid in connection with the claim. Additionally, during the course of a claim, an
adjudicator may address other issues, such as whether a claimant has refused an offer of
suitable work without good cause; is able and available for work; has properly claimed
weeks of unemplolyment; is disqualified due to any subsequent separation from
employment; or has been overpaid benefits which must be repaid. (These are only some
of the issues that may arise.) A determination issued addressing any of these or other
issues could lead to a denial of unemployment benefits or affect an employer's tax rate.
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7. UNEMPLOYMENT
TERMS
•
•
Unemployment Appeals Referees
A claimant or employer who receives an adverse determination has the right to protest
that determination and participate in a hearing before an appeals referee. (The
procedure for appealing a determination is included on the determination.) Upon
receiving an appeal, the Unemployment Agency will schedule a hearing involving all
interested parties to address the issues. The parties will be mailed a Notice of Hearing
telling them when the hearing will be held and whether they are expected to
participate in-person or by telephone. Any questions about the hearing or the hearing
procedure should be directed to the Office of Appeals. The parties are expected to
present all of their evidence and testimony to the appeals referee, who will then make a
decision based only upon the evidence and testimony presented during the hearing. An
audio recording of the hearing will be made by the referee. When the hearing is
completed, the referee will issue a written decision. A party who is dissatisfied with the
decision may file a request for review with the Unemployment Agency.
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8. Once you have received notice of a hearing your time to prepare
and arrange a representative is limited.
“
Hiring someone to represent you
during your hearing will greatly
increase your chances of
winning. I highly recommend it.
- Matt (Client)
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”

9. Sample Notice of Hearing
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10. HEARING
PROCEDURES
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•
•
•
•
•
•
Once you have a hearing scheduled
Should I go to the hearing?
Yes. If you do not go or appear in some other way:
• The Administrative Law Judge will usually dismiss your case if you are the party who
filed the appeal.
Hire an Unemployment Representative to represent you in the hearing to make sure no
one takes advantage of you.
• The Administrative Law Judge will usually hold the hearing without you if another party
filed the appeal.
What will happen at the hearing?
At the hearing the Administrative Law Judge will:
• Record the hearing
• Explain the hearing process
• Question parties and witnesses under oath
• Receive papers and other exhibits
At the hearing each party can:
• Present necessary witnesses and exhibits
• Question parties and witnesses
• Respond to evidence presented by others
• Make closing comments
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11. HIRE A CONSULTANT
NOW!
We offer consultations which consists of a telephone
consult to help you understand your situation and give you
a case summary outline to use to represent yourself during
the hearing. We will also provide you with any appeal letters
you need. If you need full representation for your hearing
contact us first.
Full Consultation $50
Speak to an Ex Unemployment Administrative Law Judge Hearing Officer
We also offer full Representation for your Unemployment
Hearing. Contact us first.
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