Why are unemployment hearings scheduled?

When an individual (claimant) files for unemployment benefits, the State will gather separation information from both the claimant and the employer through the mail, fax and sometimes via telephone. The State will then render an initial determination allowing or denying benefits. Some states will allow reviews of the initial determination, which is referred to as a "reconsidered" determination.

If the employer or claimant disagrees with the initial or reconsidered determination, either can file an appeal. The State will then schedule an unemployment hearing, and assign a hearing officer to take testimony from the employer's witnesses and the claimant.

What happens in an unemployment hearing?

An unemployment hearing is usually the final step for both parties to give testimony regarding their cases. Each party is placed under oath by the hearing officer, and the testimony is tape recorded. Details surrounding the separation issue must be presented by first-hand witnesses. Parties have the right to cross-examine each other under the direction of the hearing officer. Any documents concerning the issue (i.e., warning notices, resignation letters) must be presented to the hearing officer and the other party in order to be considered part of the record.

The burden of proof will always fall on the individual who initiated the separation. If the issue was a voluntary quit, the claimant must prove they had just cause for leaving. If the separation was a discharge, the employer must prove the claimant's actions constituted willful misconduct. The hearing officer will consider all information presented and will subsequently render a decision to either deny or allow benefits.

Who should attend an unemployment hearing?

The individuals from your company who have first-hand knowledge regarding the claimant's separation should attend the unemployment hearing. Witnesses can include co-workers of the claimant as well as supervisors or managers.

In discharge cases, any individual who was present during the actual discharge, conducted an investigation, gave the claimant warnings or witnessed the act of misconduct should attend the hearing.

In voluntary quit cases, any individual who was told by the claimant why they were quitting, conducted an exit interview or was the recipient of a letter of resignation should attend the hearing.

Why is first-hand testimony needed?

The unemployment hearing is used by the State to gather detailed facts about a claimant's separation. In order to gather the details surrounding the separation, the hearing officer needs to ask questions of the individuals who have direct knowledge of why the claimant is no longer employed. The hearing officer must give weight to firsthand testimony. All other testimony is considered hearsay, and, in some instances, the hearing officer might not even allow hearsay information to be entered into the record. Your hearing representative cannot verbally relay statements by you as testimony.

Can UC eXpress^® go to an unemployment hearing without an employer witness?

It is important that first-hand testimony be presented at the hearing to maximize the chance of a favorable outcome. However, if the State will not reschedule the hearing and the employer at least wants the opportunity to present documentation, we will provide that service for you, as long as you understand that the chance of a favorable outcome is reduced without the benefit of firsthand testimony.

What types of documents should I bring to the hearing?

Employer witnesses should bring all documents that will assist them in proving their case.

In discharge issues, this could include the employee handbook outlining the company rule that was violated, the claimant's application for employment form, performance reviews, notes in the former employee's file about counseling sessions, and disciplinary action forms. In misconduct issues, documentation could include security investigation reports, test results from certified drug laboratories or police reports.

In voluntary quit issues, the employer should bring letters of resignation or any other documentation that would prove the claimant voluntarily quit.

How many copies of documents are needed and who should they be given to?

The employer witnesses should bring three copies of all documentation to the unemployment hearing: one copy for the hearing officer, one copy for the claimant and one copy for themselves. If the hearing is to be conducted by telephone, copies of documentation should be forwarded to the hearing officer and claimant prior to the hearing.

What questions will the hearing officer ask during the hearing?

At the beginning of the hearing, the hearing officer will usually ask the employer witness to give details of the claimant's employment history – date of hire, last day worked, positions held, rate of pay and reasons for the separation.

If the claimant was discharged, the hearing officer will want to know who at the company discharged the claimant. The employer witness should be prepared to discuss the final incident that caused the discharge, how the claimant's actions were detrimental to the company, how the claimant knew they could be discharged for their actions (company rules, handbooks, etc.) and what disciplinary steps (verbal and written warnings) were taken prior to the discharge.

If the claimant voluntarily quit, the hearing officer will ask the employer witness how they were informed that the claimant voluntarily quit and the reasons why the claimant quit. In voluntary quit issues, the claimant will be asked to prove they voluntarily quit with good cause attributable to the employer in order to be rendered eligible for benefits.

If the hearing date and time are not convenient for me, will the State reschedule the hearing?

Each State has different requirements for allowing postponement or rescheduling of a hearing. In most instances, however, a witness must have a very good reason for requesting the hearing to be rescheduled, such as being out of the country. States generally will not reschedule simply because an employer witness has another business meeting.

What are the benefits of having a UC eXpress representative attend the hearing with me?

A UC eXpress representative will insure that all pertinent testimony and documentation are presented at the hearing, cross-examine the claimant and make a closing statement, if necessary. This allows the employer witnesses to concentrate on their testimony and not worry about how the hearing is being conducted. A representative is especially beneficial if the employer witnesses have never been to an unemployment hearing before, the separation issue is complex, there will be several people testifying, or the claimant will be represented by an attorney.

What is the difference between a labor dispute and a lockout?

A labor dispute is initiated by employees or their union. A lockout is initiated by the employer.

What procedures are necessary for reporting a strike to the State?

Many states require the name, Social Security Number, state of residency of each striker and the local phone numbers of states and locations involved. Some states have questionnaires that must be filled out completely and submitted within rigid time constraints.