It’s Essential To Be Prepared For An Unemployment Insurance Hearing

It’s Essential To be Prepared For An Unemployment Insurance Hearing

There are several stages to the unemployment insurance claims process. These include claims processing and submissions, protests of charges and determinations, participation in unemployment insurance hearings, and filing appeals. Depending on the state, UI hearings are presided over by administrative law judges, referees, appeals examiners, or hearing officers. While most states now conduct UI hearings exclusively via telephone conference, some, including New York and California, still hold many hearings in-person, at central locations.

Hearings are scheduled when the party that receives an adverse determination disagrees and files a written protest. Whether preparing for a telephonic or an in-person hearing, it is critical to identify the proper witness(es) and all documentation that will be needed to support the employer’s position. Common issues adjudicated at UI hearings are misconduct, voluntary leaving of employment, and refusal of suitable work.

Once a hearing notice is received, it is important to coordinate preparation with HR, your UI representative, and witnesses who will testify at the hearing. The supervisor who terminated the claimant, the person to whom the claimant resigned, or the coordinator who offered work, are potentially necessary participants in the hearing. First hand testimony is critical at hearings, as hearsay is given less weight than direct testimony from an eyewitness to the final incident.

Depending on the situation, important documents needed for a hearing include termination notice, resignation letter, job refusal information, prior warnings, policy violated, signed acknowledgment of the relevant policies, etc. These documents may be submitted with the unemployment claim response, or in connection with a protest. If hearings are scheduled via telephone, all information must be provided to the state and claimant in advance of the hearing date, so that everyone has the paperwork before the hearing and is able to review.

Failing to submit complete and timely information may result in an adverse decision at a hearing. This directly affects an employer’s tax rate, or for non-profit, reimbursable employers, results in increased costs to remit to the state.

No matter the type of hearing you’re faced with, it’s best for employers to be as prepared as possible. That’s where Industrial U.I. comes in – we specialize in helping employers manage the UI hearing process. Our office and our experienced representatives work closely with employers to prepare for UI hearings. Contact us today for more information on how we can help answer your questions.