When asked what part of the unemployment process makes them most nervous, most employers will tell you that is the unemployment hearings that make their hearts skip a beat.  Whether it is their lack of knowledge about how the unemployment system works or how the hearing officer expects testimony, they are almost always nervous about participating – and many employers don’t participate and just give up at that point.  Those that do participate often do not do so effectively and lose their hearing.  Handled properly, an unemployment hearing is not scary and can be very effective at lowering your unemployment costs – when you win them.

Most often, these hearings revolve around one of two issues: 1) whether the employee was terminated for “employment misconduct;” or 2) whether the employee quit for a “good reason caused by the employer.  The following list of “DOs” and “DON’Ts” may be helpful in winning more of these stressful processes.

1.  Do take the process seriously.  Often, there is a strong temptation for employers to avoid pulling employees off more valuable duties to prepare for and participate in an unemployment hearing.  However, if the employer really does want to win the unemployment hearing, it should devote the proper time and effort to preparing for that hearing.  A lack of preparation by the employer will be noticed by the judge, leading to situations where an employee essentially wins by default.

2.  Don’t rely too heavily on hearsay evidence.  Make it a point to introduce the testimony of the people who actually witnessed the former employee’s wrongdoing.  Written statements or second-hand testimony by a supervisor or human resources representative can be easily attacked and impeached by the employee and often won’t be admitted at all.

3.  Do make sure that you give the unemployment department an accurate, reliable telephone number, for a phone located in a quiet place.  Landlines are preferable to cell phones.  If you have witnesses appearing by phone at a different location, you should make sure they also have access to a suitable phone and a quiet location.

4.  Do show appropriate deference to the unemployment judge.  This includes not talking over the judge and consistently addressing the judge as “Your Honor.”  If you are not respectful it might cost a win in the hearing.

5.  Don’t try to introduce testimony from character witnesses.  Unemployment judges don’t want to hear from these witnesses as they have no concrete testimony to provide in this case.  Stick to people who have personal knowledge of the events in question.

6.  Do be aware of the “final straw” doctrine.  Do not use the “scattershot” approach to protesting and send a laundry list of all of the previous employee’s offenses.  Stick to the incident that caused the termination (or quit) and then provide any evidence that showed a pattern of offense (previous discipline leading to the final incident) or provide evidence of the egregious nature of the final offense if no previous discipline was involved.

7.  Don’t pass up the opportunity to give a closing statement.  This is your chance to summarize the evidence presented in your case, and to argue that the judge should ultimately rule in your favor.  Many parties to unemployment appeals pass on this because they have not prepared for it.  Don’t miss this opportunity.

8.  Do strongly consider working with an experienced professional (whether it is a lawyer, an advocate, or an experienced hearings consultant) as they will have the experience to either help you prepare for the hearing, assist you with the hearing as your advocate, and/or educate you on how to better handle your own hearings.