WINNING YOUR
UNEMPLOYMENT INSURANCE
HEARING
Presented By
D
DeGROOT
M MANAGEMENT
S SERVICES, INC.
1-800-295-6666
WHAT IS A HEARING ?
• An Administrative Proceeding
• Conducted by a Referee
• All witness’s are placed under oath
• Witness’s are questioned & allowed to give
testimony …. their side of the story
• The referee will issue a written decision
binding on all parties
• Either party may Appeal the decision
KEY TERMS
• Appellant – the party who requests the hearing
• Cross – questioning of the witness by the other party
• ID – the first decision regarding claimant’s eligibility
• Exhibits – documents officially made part of the record
• First Hand Testimony – direct personal knowledge of facts
• Hearsay – secondhand testimony / no direct knowledge
• Issues – the reasons benefits are allowed or denied
HOW TO PREPARE
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Determine who should be the witness’s
Gather all pertinent documents
Know FDW & LDW / Position – Job Title
How did their employment come to an end
Send all parties copies of anything you may
want to have admitted to the record
• Review your timeline of events
THE HEARING
• Be ready to start at the time scheduled
• Have witness’s prepared to testify as to the facts
• The witness’s will be placed under oath
• The Referee will initially question witness’s in order
to develop the record
• Remember written statements from witness’s not
appearing will be considered as hearsay
• Testimony must be relevant to the issue before
the Referee
• The Referee will give each party the opportunity
to cross examine the other witness’s
• During cross examination you are not allowed to
testify or argue with the claimant
• Don’t be surprised if the claimant’s story is not the
same as yours
• Each party should be given the opportunity to add
anything additional for the record
• Each party will be allowed to make a “closing
argument”
• The referee will then “close” the hearing
• Once the hearing is closed, the Referee can
have no further discussions with either party
• You will receive a written decision
• Either party may appeal the decision within 20
days of the mailing date
AFTER THE HEARING
• The Referee decides how the Law will apply
to the facts presented by the parties
• Many times the Referee will determine who
they felt testified more credibly
• If you won …… CONGRATULATIONS!
• If you lost, you have the right to appeal!
APPEALING
• File the Appeal timely, (within 20 days)
• Request a copy of the Hearing transcript
• Your Appeal will be written
• No new evidence or testimony is allowed
• Your argument must be based upon the record
from the Hearing and why you feel the Law was
not applied correctly
THANK YOU FOR
ATTENDING !
D DeGROOT
M MANAGEMENT
S SERVICES, INC.
1-800-295-6666