Properly preparing for an unemployment insurance hearing is crucial for a successful outcome. UI hearings can be stressful and anxiety-producing especially when you aren’t prepared. This post will discuss three ways to prepare for your unemployment insurance hearing.  

1. Understand What Will Happen

Each hearing is different, but the framework is normally similar in each unemployment hearing. The following process can be expected:

• Introduction of the record by the Administrative Law Judge (ALJ): the judge will discuss the case and the decisions made by the unemployment insurance agency and any protests to those decisions.
• Opening statements (optional) and preliminary matters: both parties can discuss any concerns they may have.
• Direct testimony and cross-examination of the first party — Claimant or Employer. The first party will give their side of the story. The other side can then ask questions in response to what was testified by the first party.
• The other party can now cross-examine.
• The first party may offer rebuttal testimony.
• If allowed by the ALJ, there may be an argument presented by either side in an attempt to persuade the judge to find favor with their side.

2. Understand the Types of Questions a Claimant May Be Asked

Claimants are usually asked the following questions:

• Please state your full name for the record.
• Were you employed by ________________?
• When did you start working there?
• What was the last day you actually worked?
• What was the date of your separation? (The date you knew you no longer had a job).
• What was the status of your job between the last day of work and the date of separation? (Suspension, personal or medical leave of absence, etc.)
• What was your job title at the time of termination? (Hours, full time/part time, permanent/temporary, regular or shifting schedule, rate of pay)
• Were you fired, laid off, or did you resign?
• Who told you that you were fired/who did you tell you were resigning?
• What was their position with the company?
• What was the reason given?
• What was the response?

The remaining questions focus on the particular details of the unemployment event of the individual Claimant.  As the employer in this hearing, you should be prepared to answer the same types of questions and rebut answers provided by the claimant that are incorrect.

3. Know What You Need for the Hearing

Understanding the top issue involved in the unemployment case is crucial to successful preparation for the hearing, especially since the UIA paperwork can be daunting and distract you from preparing for the hearing. The top issue can be found on the Notice of Hearing under the section “Issues Involved.” This is the best place to start when preparing for an unemployment insurance hearing.

Employers should come prepared with the following items:

• Employee file
• Two copies of any documents admitted into the record
• Witnesses
• Any persons involved in firing the Claimant or who received the Claimant’s resignation

Claimants need to request pertinent legal documents, recorded and provided by the employer, immediately after receiving the notice of hearing. Preparing for your unemployment insurance hearing will not only increase your knowledge but also your confidence.