First, You Have to Show Up

Let's face it, no one is lining up to enjoy a nice afternoon of unemployment insurance (UI) claim hearings.  Respones to a hearing notice can run from confused and intimated to annoyed and angered.  The uninitiated find the process so off-putting that they will simply refuse to participate.  Since ignoring a UI claim hearing is a guaranteed way to increase your UI costs, it literally pays to learn the basics of what goes on in a hearing.  So next time you find yourself inconvenienced yet obligated to attend a UI hearing, you can confidently navigate the process and win.  

Though the process can vary a little by state, a hearing can be broken into 6 steps:  

1. The hearing officer begins by explaining the legal issues, the purpose of the hearing and the procedures to be followed.  They explain the order in which individuals will testify and the rights of cross-examination and rebuttal to all parties involved.  The hearing officer then puts the witnesses under oath.
2. The moving party (the party who requested the hearing) will usually present its case first.  In a case in which the claimant was discharged, the hearing officer may begin with the employer’s testimony.  If the claimant voluntarily quit, testimony may begin with the claimant.
3. The testimony given during the hearing is recorded by the hearings office for transcription at a later time.  In some states the witnesses not testifying at that moment are sequestered while others are testifying.  The hearing officer asks the witnesses specific questions regarding the separation.  Each side is given ample time to give testimony and present documented evidence.  In order for evidence to be admitted into the hearing, it must be sent to the hearing officer before the hearing (the amount of lead time varies by state).
4. Each party gets and opportunity to cross-examine witnesses.  The hearing officer notifies each side when to ask questions.  Only the individual designated as the hearing representative is allowed to cross-examine.  Remember that this is your opportunity to bring up points that were missed in the questioning, clarify unclear points, or to rebut the witness’ testimony.
5. In most cases, each side may offer a closing statement after all the facts and information have been given.  Simply recap your main points of argument; do not rehash the entire case.  If you choose not to offer a closing statement, let the hearing officer know you would like to stand on the record.
6. The hearing officer will then conclude the hearing and states that all testimony and evidence will be considered in the case.  They then inform all interested parties that they will be notified of the decision by mail and the timeframe within which to expect the decision.

That's all it is folks.  Remember, if you and your witnesses are properly prepared, and you state your case simply, there is little to fear from an unemployment hearing.  Take the time to get coaching on this process or hire someone to assist you until you feel comfortable.  For more information, visit us at www.UnemploymentTracker.com.