With regard to our commitment to keeping you in the know, this blog post introduces you to our training video titled “Demystifying The Unemployment Insurance Appeals Hearing.” As the title suggests, the video aims to demystify the issues surrounding what happens at an unemployment insurance appeals board hearing.
Without further ado, let us boil down to it!
Before we start, let us have a case scenario. Imagine that you are terminated from your job, and as a result, you apply for unemployment benefits in accordance with applicable law in your state. Unfortunately, your employer turns down your request, which is the point at which you push back, since you believe that you are entitled to certain unemployment benefits. After your request is turned down, you receive a letter in your mail with a notice of an unemployment hearing, requiring you to attend so you can appeal before a board. At this point, you will definitely be better off with a lawyer, and thus, you reach out to an attorney for legal representation.
It is normal that not everyone can afford a retainer due to this or that economic hardship. However, do not worry about a thing; just make sure that you avail yourself on the said date without failure or make a call and request an adjournment if you cannot attend. However, assuming that you can make it, you can be reached via your phone. Usually, you have at least three business days before the hearing date to submit whatever documents you need, but that you did not get in the package accompanying the unemployment hearing notice. The letter often comes with a package containing about 50 to 70 pages of all the documents you have related to your case. Sometimes you even have 100 pages of documents, depending on the issues surrounding your case. If you have additional documents and would like to produce and present them to the hearing board, you may need to submit them by fax at least three business days before the D-day.
With everything rolling in the right direction, then comes the day of the hearing. Usually, the administrative law judge will introduce themself, welcome you, and walk you through the process of taking an oath that “I will speak the truth and only the truth (then proceed to lie blah-blah-blah), so help me God.” Then, you will most likely be issued and subject to a series of questions available on a chart regarding the background of the issue from your side. Here, you will have the chance to respond in any manner that you like.
If there are any specific questions concerning the law, they usually go through the elements. For instance, if your employer says that you were terminated for misconduct, they will enquire into the details of the incident, the date when it happened, whether there is an employee handbook speaking about such misconduct, and whether there is a progressive discipline plan and what it says about the misconduct in question. Whether you admit that you engaged in the said misconduct or not (even God knows you can not tell the truth here), they will ask you to issue a closing statement and move on to the employer’s side.
The employer will then be asked to testify. Sometimes, they do this after you have given your testimony, where the employer will cross-examine you. For instance, the employer may ask you why you think you were terminated and whether you admit to having engaged in the said misconduct. You would probably start by defending yourself that they never told you that it was against the law to report to my job 35 minutes late every day. You continue ranting about how ready, able, and willing you are to work, but they fired you regardless. The employer may proceed to ask you whether you think it is reasonable to arrive at work 35 minutes late and whether it is good for business. Again, it would be your turn to give whatever the best answer you can, and the exchange continues.
Then the administrative judge will ask questions, preferably from a legal perspective. For instance, they can ask the employer whether they gave you a final notice of your impending termination, especially as it is codified in an employment document such as an employee handbook. Amidst this exchange, the administrative law judge may interject occasionally and ask this or that from either side. After that, you will be given a chance to cross-examine the employer and ask them questions you may have that could help your case. After you are done, the administrative law judge will ask whether either side has final words to say regarding the case. Generally, they start with the employer as the defendant and then the employee as the claimant for unemployment benefits.
Afterward, the law judge gives their final remarks, says that a determination to the case will be rendered in a couple of days or after a certain period, and then walks away. At that point, you can decide whether to appeal or maintain the case as it is and wait for their ruling. All that said, here is the catch – the role of the attorney is not to answer your questions. In fact, the questions will be asked of you directly. Assuming you contact us seeking legal representation, Mr. Vinny Miletti Esq. will adequately prepare you (occasionally going over your documents) on how to navigate the hearing process, what to say and what not to say, cross-examine you to bring you back on track when you provide a crazy answer and do everything necessary under the law to sway the judge and put some sense in their head all with the aim of advancing your case. The lawyer can also cross-examine the employer and ask them any questions relevant to the case.
With that, we hope that we have enlightened you on what to expect whenever you are required to attend an unemployment insurance appeals board hearing. Accordingly, please feel free to watch our Video and get it directly from the horse’s mouth.
As we continue hammering on new stuff daily, stay tuned for more educational videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.
