An unemployment hearing is an administrative hearing that occurs when one party disagrees with the state’s initial ruling on an unemployment claim. It gives interested parties an opportunity to address the claimant’s separation and answer questions about it.
Hearing attendance is essential to winning an unemployment case and knowing what to expect will help ensure you are prepared and remain calm throughout the proceeding.
Unemployment Hearing Overview
Witnesses/Participants
Witnesses can make a significant impact in your case when they are used correctly. When determining who will participate, it is important to focus on individuals who have firsthand knowledge or were personally involved in the final incident. Direct involvement gives their testimony the greatest weight.
An individual in a director-level or HR role may participate as a representative or observer but may not have the firsthand knowledge needed for a successful outcome. Without firsthand knowledge, an individual’s testimony will be viewed as hearsay and may not be considered when the Hearing Officer makes their decision.
Even written statements from individuals with firsthand knowledge are considered hearsay and may not be admissible at the hearing. Therefore, let firsthand knowledge guide who will participate and serve as witnesses during an unemployment hearing.
Preparation
It is important to be prepared for an unemployment hearing to ensure you present the appropriate information and documentation and put your best foot forward. Your unemployment claims manager’s dedicated unemployment hearings analysts are available to help you make the most of these hearings. If you wish to participate in a hearing preparation call with your analyst, simply notify them via email or in SHIELD.
We provide guidance tailored to the specifics of your case, helping to alleviate any uncertainty. With our support, you can navigate the complexities of unemployment hearings confidently, backed up by a knowledgeable team every step of the way.
The Hearing Process
All hearings are recorded. The Hearing Officer will begin by explaining the hearing guidelines and the reason for the hearing and by reviewing the documents submitted for the proceeding. Then, witnesses will be sworn in on the record. The Hearing Officer will question each witness regarding the claimant’s separation and any relevant warnings.
Each party will be given the opportunity to cross-examine and to make a closing statement. However, neither is required, and many employers decline both. The Hearing Officer will close the hearing when neither side has any additional information or evidence to present. Most hearings involving a separation from employment last between 30 and 60 minutes.
Outcome
You will not know the outcome at the conclusion of the hearing. The Hearing Officer will mail a written decision following a review of the testimony and evidence. If the outcome is unfavorable, instructions for a next-level appeal to the Board of Review will be provided to the applicable party.
A Common Mistake
The most common mistake employers make in an unemployment hearing is trying to prove the claimant was discharged for a good business reason. An employee can be discharged for cause or a good business reason and still be eligible for unemployment benefits. This is not the issue at hand in the hearing.
For a discharge, the employer must prove that the claimant was discharged for misconduct in connection with the work. Misconduct is generally defined as a willful, deliberate, or wanton disregard for the employer’s best interests. Therefore, at a hearing, it is critical to show that the claimant’s actions were substantiated and within their control, and that they knew their actions could result in discharge.
Hearing Checklist
It is easy to get overwhelmed by the unemployment hearing process. But with knowledge of the process, the support of your dedicated hearings analyst, and the following simple checklist, you can set yourself up for success.
- Note the date and time of the hearing on your calendar. Be on time!
- Contact your hearings analyst and schedule a hearing prep call (if desired). Ask questions if you are unsure of anything.
- Review all notes and documentation regarding the claimant’s separation. Come ready with the facts!
- Send all necessary documents to your unemployment claims manager as soon as possible.
- Notify your unemployment claims manager of your contact information for the hearing (if it is conducted by telephone).
- Alternatively, your unemployment claims manager may provide a call-in number for you to use. If unsure, ask! We are happy to clarify.
About Us
For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
Contact us today to see if your organization could benefit from our services.
Are you already working with us and need assistance with an HR or unemployment issue? Contact us here.
The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources. Some information was provided by our friend, Darby Gibson, Client Marketing & Insights Specialist, at Thomas & Company.
(Images by: Cocfanssejati and Armmypicca)
