KNOW YOUR RIGHTS:
HOW TO APPLY FOR UNEMPLOYMENT
INSURANCE BENEFITS & REPRESENT YOURSELF
IN AN APPEALS HEARING
Prepared by:
The Workers Rights Clinic
University of Maryland School of Law
April 22, 2010
OVERVIEW OF THE
UNEMPLOYMENT INSURANCE
SYSTEM
What is Unemployment Insurance?
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Unemployment insurance is an employer-funded
insurance program that provides benefits to persons
who are unemployed through no fault of their own.
The money for unemployment insurance benefits
comes from revenue paid by employers.
Maryland employers are required to pay quarterly
unemployment insurance taxes each year.
No deductions are ever made from a worker’s
paycheck to pay for unemployment insurance
benefits in Maryland.
How does a Person Apply for Benefits?

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To obtain UI benefits, an unemployed person must first file
a claim with the DLLR.
To file a claim, a person needs to call the DLLR or apply
via the DLLR’s website and provide the following
information:
 Name, Social Security number, Address and Telephone
Number; and
 The Name, Payroll Address, Telephone Number and
Reason for Separation for each Employer in the 18
Months prior to filing the claim.
The DLLR will make an initial determination to determine
whether the unemployed person is entitled to benefits.
What are a Claimant’s Responsibilities?


A person initially filing for or currently receiving UI
benefits must:
 Be able to work; be available for work; and must make
an active search for full-time work
 Accept suitable work as defined by law
 File timely bi-weekly continued claims
A person must report:
 All wages earned each week
 All monies received, including:
 Full or part-time wages, self-employment, odd jobs,
pensions, annuities, holiday pay, vacation pay,
severance pay, bonuses, and commission payments.
How is the Weekly Benefit Amount
Determined?
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A claimant’s weekly benefit amount is based on
the amount of money all employers paid during
the base period.
Now have alternative base period
Higher earnings = higher weekly benefit amount.
The current weekly benefit amount provided by
the Maryland Unemployment Insurance Law ranges
from a minimum of $25 to a maximum of $410
(will be increasing to between $50 and $430)
For How Long can a Person Collect
Benefits?
The maximum amount of benefits a claimant
may receive is 26 times their weekly benefit
amount.
 A claimant may file claims for more than 26
weeks if they earned some wages and partial
benefits were paid.
 Federal extensions may apply.

Overview of the Process
1.
APPLY FOR BENEFITS VIA WEB OR PHONE
2.
INITIAL DETERMINATION BY CLAIMS EXAMINER
3.
APPEAL BEFORE A HEARING EXAMINER
4.
APPEAL TO THE BOARD OF APPEALS
* The Board may review the record de novo and may affirm, modify, or
reverse findings of fact or conclusions of law of the hearing examiner on
the basis of evidence submitted to the hearing examiner, or evidence that the
Board may direct to be taken. MD. CODE ANN., LAB. & EMPL. ART. § 8-5A-(10)
(2009).
* The appeal must be filed in writing and must be filed within 15 calendar
days from the date the Hearing Examiner’s decision was mailed.
* Claimants can get a copy of the recording of the hearing upon written
request to the Board.
5.
APPEAL TO THE CIRCUIT COURT
WHO IS ELIGIBLE?:
VOLUNTARY QUIT
Can you be eligible if you quit?
Good Cause
 Voluntary Quit = must show good cause


Good cause
 Directly attributable to, arising from, or
connected with the conditions of the
workplace or the actions of the employer
 Md. Code Ann. Section 8-1001
Three Questions to Ask
Did you quit?
Was it voluntary?
Did you have
1.
2.
3.
1.
2.
good cause?; or
“valid circumstances”?
Question 1: Did you quit?
Quit must be voluntary
 You quit of your own free choice
 Quit must be more than a vague indication of
Intent
 “In a few months”: Wert v. Majestic Indus.,
183-BR-89
 “If things don’t improve”: Wolf v. Cargill,
891-BH-88

Question 1: Did you quit? (Cont.)
Voluntary quit can be through actions
 Failure to report to work for several days
 Refusal to accept transfer
 Voluntary quit may be constructive
 No alternative but to fire employee
 Must be for legal or contractual reasons

Question 1: Did you quit? (Cont.)
Not a voluntary quit if employee is:
 forced to resign
 On strike and refuses to return to job.
 It is voluntary quit if employee chooses to
resign rather than face charges

Question 1: Did you quit? (Cont.)
Leave of Absence issues
 Voluntary quit if:
 Refuse different job:
 same pay, convenient location, generally same
duties
 Gasior v. Joseph A. Bank Manufacturing Co., 23BR-9
 Fail to return or unable to return after leave expires
 Not voluntary quit if:
 No work available after leave. Savage v. Church
Hospital, 1067 BH-83
Question 1: Did you quit? (Cont.)
Buy Outs
 Voluntary quit if you have a real choice
ER anticipated adequate number of people
would take buy-out; claimant felt
department gradually being eliminated
 Not voluntary quit if no real choice
EEs led to believe jobs would be eliminated
no matter what
Question 1: Did you quit? (Cont.)
Temp Agency Issues
 Voluntary quit = if you begin working on temp
assignment and leave before end of
assignment
 Not voluntary quit if temp assignment ends
and you fail to re-contact temp agency
Question 2: Do you have good cause?
Examples of good cause:
 Job endangers health or safety
 Employer relocates – transportation problems
 Religious beliefs or schedule
 Job requires employee to commit illegal or
unethical acts
 Harassment or discrimination
 Significant modifications of employment
contract, working conditions, pay
Question 2: Do you have good cause?
Things that are never good cause (by statute)
 Self-employment
 Accompanying or joining non-military spouse
 Attending educational institution
Question 3: Do you have valid
circumstances?
Valid circumstances =
 Related to employment OR
 not related to the employment, but
necessitous or compelling and leaves the
employee with no other choice but to resign
 Must exhaust all reasonable alternatives prior
to quitting for personal reasons

Question 3: Do you have valid
circumstances?
Examples of valid circumstances
 Health problems unrelated to job (must have
medical documentation)
 Need to care for family/family emergencies
 Unexpected loss of babysitter
 Compelling financial circumstances
 Significant transportation problems that you
seriously tried resolve (not your fault)
Distinction Good Cause/Valid
Circumstances


Good cause:
 No penalty for voluntary quit
Valid circumstances:
 Disqualification for 5 to 10 weeks
Burden of Proof
Employer
 burden to show claimant quit
 Employee
 burden to show he or she had good cause or
valid circumstances
 Employee goes first in hearing

WHO IS ELIGIBLE?:
DISCHARGE
Eligibility – Discharge
Where to find the law:
• Md. Labor & Employment Code
 § 8-1002 Gross Misconduct
 § 8-1002.1 Aggravated Misconduct
 § 8-1003 [Simple] Misconduct
• Cases:
 Rogers v. Radio Shack, 271 Md. 126 (1974)
 DLLR v. Hider, 349 Md. 71 (1998)
Eligibility – Discharge
Did client quit or was he discharged?
•
•
•
•
•
Did client intend to quit?
Resignation in lieu of discharge is a discharge
(Allen v. CORE, 275 Md. 69 (1975))
Discharge without appeal is a discharge
Discharge following leave of absence is
discharge
After end of temp work – discharge
Eligibility – Discharge
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
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Only ineligible if discharge is for “misconduct”
Special definition / meaning in UI
Theme: unemployed by no fault of his own
3 types of misconduct
1. “simple” misconduct
2. gross misconduct
3. aggravated misconduct (least common)
Eligibility – Discharge
“Simple” Misconduct
•
•
Undefined in statute
Rogers v. Radio Shack defines it as:
 Transgression of rule or policy
 Commission of forbidden act
 Dereliction of duty
 Course of wrongful conduct
 Committed in scope of employment
relationship
Eligibility – Discharge
Simple Misconduct – examples from prior cases:
•
•
•
•
Failure to follow a rule (e.g. wear
professional attire)
Simple negligence / carelessness
Isolated occasion of walking away from
supervisor during counseling session
Whipped cream fight after hours
Eligibility – Discharge
Examples of what is NOT simple misconduct:


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Lack of work
Isolated lapse / substandard performance
Trivial comments
Misunderstandings with boss
Conduct before hire (except dishonesty)
Innocent mistake
Eligibility – Discharge
Examples of what is NOT simple misconduct

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Refusal to meet employer’s unreasonable
demands
Refusal to change employment conditions
Asking reasonable question of employer
Inability to perform tasks
 Physical / mental reasons
 Not properly equipped
Eligibility – Discharge
Simple Misconduct – penalty
 Disqualification:
 Begins the first week
 Continues 5-10 weeks, based on
seriousness
Eligibility – Discharge
Gross Misconduct
• Defined in statute as:
 Deliberate and willful disregard of
expected standards
 Gross indifference to employer’s
interest
OR

Repeated violations of employer’s rules
Eligibility – Discharge
Gross Misconduct
• case-by-case determination
• more than just substandard performance
• can be the cumulative effect of small
incidents
• role of prior warnings
Eligibility – Discharge
Gross Misconduct examples
 Repeated excessive tardiness and no
medical excuse
 Refusing to switch shifts
 Refusal to do reasonable work with no
explanation
 Supervisor spreads false layoff rumors
 Repeated rudeness to customers after
warnings
Eligibility – Discharge
Gross Misconduct - penalty
 Disqualified from receiving benefits
 Begins the first week after discharge
 Client may have to repay benefits
• Continues until client is re-employed + earns
enough wages
Eligibility – Discharge
Aggravated Misconduct
 Defined in statute as:

Intentional conduct

Actual malice

Deliberate disregard for property or
safety

Affects others

Serious assault or property
damage/loss
Eligibility – Discharge
Aggravated Misconduct – examples
a. Theft
 Value of property is not sole determining factor
 Intent is important
b. Assault
• Coworkers, supervisor
• Provocation may be relevant
Eligibility – Discharge
Aggravated Misconduct – penalty
 Disqualified from receiving benefits
 Begins the first week after discharge
 Client may have to repay benefits
• Continues until client is re-employed +
earns enough wages
Eligibility – Discharge
Misconduct burden of proof
• Employer has the burden of proof
• Prepond. of the evidence (51% - 49%)
• Employer must establish:
 Expectations
 Expectations were communicated
 Expectations violated
 Violation was reason for discharge
• If employer does not attend hearing
WHAT TO EXPECT AT THE
LOWER APPEALS HEARING
Get there Early
Being 10 minutes late is a failure to appear
 If the party appealing fails to appear, the
Board of Appeals
 May dismiss the appeal, or
 May issue a decision on the facts available.
If the claimant has the burden of proof,
they may still put on their case.
 COMAR 09.32.06.02.M

Who will be there?
Hearing Examiner
 Employer
 A Supervisor
 An Human Resources or Other Representative
 Outside Agency – For ex. Talx
 An Attorney
 Claimant
 Witnesses – This is rare

The Hiring of an Attorney
Attorneys may be helpful if:
 Appeal involves a complex issue; or
 Appealing to the Board of Appeals or the Circuit
Court.
Types of Representation:
 A private attorney – There are limits to how much
they can charge.
 $25 - $100 total per hearing
 Maximum of 150% of your weekly benefit
 A non-attorney – They cannot charge at all.
 Legal Aid Services.
What are the rules?
The Hearings last about 45 minutes
 The Hearing Examiner is there to serve as the
Fact Finder and an Advocate.
 This is a very informal proceeding:
 Procedure
 Evidence
 It is in a small conference room, not in a
courtroom

How to Construct the Testimony
Claimants should limit testimony to the event
that led to the termination.
 Make a timeline of the events.
 But, it is important to think of your work
history.
 Any written or verbal warnings?
 Any positive or negative work performance
evaluations?
 Any evidence of this?

What to Expect in the Appeal
Be prepared
 Be organized
 Stay calm
 Plan ahead
 What is your employer going to say?
 Get Fact Finding Report from DLLR
Case Prep: Not for use as evidence
Remember: The Hearing is a clean slate

DOS AND DON’TS OF THE
UI APPEALS HEARING
Do: Be Prepared
Get organized!
 Review the Fact Finding Report
 Completed by the Claims Examiner during
your telephone interview
 Go to the DLLR office at 1100 North Eutaw
Street to pick yours up
 Try to anticipate what the employer is going to
say
 Gather your documents

Do: Be Honest
The Hearing Examiner is there to get the whole
story
 Even if the employer thinks you did something
wrong, you may have had a good reason (i.e.
were you late to work because you were sick?)

Do: Stay Focused
Keep to the topic at hand
 The Hearing Examiner needs to hear about
the termination event
What happened on the day you were
terminated?
What specific events led to your
termination or resignation
 Do not bring up things that are irrelevant or
events that happened in the past
If You Are Receiving Benefits…
DO
continue to file your
Tele-certs
or
Web-certs
Do: Think About Your Next Step

If the Hearing Examiner does not rule in your
favor, consider the next steps in the DLLR
appeals process:
 Appeal to the Board of Appeals
 Appeal to your local circuit court
Don’t: Be Late To The Hearing
Plan to arrive at least 30 minutes early
 If you arrive more than 10 minutes after your
scheduled hearing time, you lose your right to
be heard by the hearing examiner

Don’t: Lose Your Cool
Control your temper
 Don’t disrespect the employer
 Even if the employer says something that is not
true, or says something you do not agree with,
don’t interrupt

Don’t: Forget Your Evidence

Bring three (3) copies of all relevant documents
 Work policies and regulations
 Copies of emails
 Doctor’s notes
 Memos
 Performance reviews
 Anything else that may be relevant
Don’t: Be afraid to ask for help
A list of resources will be available at the end
of this presentation.

REFERENCES
References
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University of Maryland School of Law
Workers’ Rights Clinic……………………(410) 706-2013
Maryland DLLR Unemployment
Insurance Division………………………….(410) 949-0022
DLLR Unemployment Insurance Digest :
https://www.dllr.state.md.us/appeals/decisions/index.shtml
What You Should Know About Unemployment Insurance in
Maryland:
http://www.dllr.state.md.us/employment/clmtguide/uiclmtpam
phlet.pdf
References

Maryland Legal Aid Services
Anne Arundel County, 229 Hanover St., Annapolis, MD 21401; (410) 263-8330
(Annapolis), (410) 269-0846 (Baltimore), (301) 261-1956 (Washington), (800) 6668330
Baltimore City, 500 E. Lexington St., Baltimore MD 21202; (410) 951-7777, (800)
999-8904
Cherry Hill Neighborhood Ctr., 606 Cherry Hill Rd., Balto., MD 21225; (410) 3554223
Baltimore County, 29 W. Susquehanna Ave., Suite 305, Towson MD 21204; (410)
296-6705
Lower Eastern Shore (Wicomico, Dorchester, Worcester, Somerset), 111 High St.,
Salisbury MD 21801; (410) 546-5511, (800) 444-4099
Metropolitan Maryland (Prince George's), 6811 Kenilworth Ave., Suite 500,
Riverdale MD 20737; (301) 560-2100, (888) 215-5316
References

Maryland Legal Aid Services
Midwestern Maryland (Frederick, Carroll & Washington), 22 S. Market St.,
Frederick MD 21701; (301) 694-7414, (800) 679-8813
Northeastern Maryland (Harford, Cecil), 103 South Hickory Avenue, Bel Air MD
21014; (410) 836-8202 (Harford), (410) 879-3755 (Baltimore), (800) 444-9529
Southern Maryland (Charles, St. Mary's & Calvert), 15364 Prince Frederick Rd.,
Hughesville MD 20637; (301) 932-6661 (Charles), (301) 884-5935 (St. Mary's),
(410) 535-3278 (Calvert), (301) 843-5850 (D.C.)
Upper Eastern Shore (Queen Anne's, Caroline, Kent & Talbot), Tred Avon Square,
Suite 3, Easton MD 21601; (410) 763-9676, (800) 477-2543
Western Maryland (Allegany & Garrett), 110 Greene St., Cumberland MD
21502; (301) 777-7474, (866) 389-5243