What’s the worst part about filing an unemployment insurance protest? Most employers agree that it’s the actual hearing. Indeed, many employers dread them so much that they decide to skip the unemployment insurance hearings entirely and just give up their case.

However, there is no reason to despair. Even though you are not an expert on UI hearings and how they work, that is no reason to feel intimidated and to give up. Knowing a little UI hearing etiquette, along with a little preparation, can put you on the right track.

Generally, unemployment insurance hearings revolve around two issues:

1. Whether an employee was terminated for conduct
2. Whether the employee quit for “good reason” caused by the employer

With that in mind, let’s take a look at some common do’s and don’ts when it comes to UI hearings.

DO: Take the Process Seriously

You must do whatever it takes to prepare for the case and often there is a strong temptation to pull other employees from important tasks to participate in a UI hearing but if you really want to win this case you’ll absolutely need to devote the proper time to the hearing. The judge will notice if you are not prepared and this will likely to lead a situation where the employee wins by default.

DON’T: Rely on Hearsay Evidence

Be sure to introduce testimonies from people who actually witnessed the employee’s bad behavior. But make sure these witnesses attend the UI hearing! Written or second-hand statements will often not be admitted.

DO: Ensure that you provide an accurate, dependable phone number for witnesses appearing by phone.

Landlines are preferable over cellphones and you’ll also want to ensure that they are well prepared and speaking from a quiet venue.

DO: Show Deference to the Unemployment Judge

These should all go without saying but you’ll want to always address the judge as “Your Honor,” never talk over or interrupt the judge and always show respect. Disrespect could cost you twin in the hearing.

DON’T: Use a Character Witnesses

Judges do not want to hear from witnesses that don’t have a concrete testimony to provide. Stick to witnesses who can address the claims directly with personal knowledge.

DO: Be Aware of The "Final Straw" Doctrine

Focus on the specific incident that causes them to be terminated — or quit — and then and then provide any evidence that showed a pattern of offense or provide evidence of the egregious nature of the final offense if no previous discipline was involved.

DO: Give a Closing Statement

This is a great opportunity to summarize your evidence and make your case for why the judge should rule in your favor. A closing statement is something you’ll want to prepare for as well. Do not miss this opportunity to due being unprepared.

One Final “Do!”

Do strongly consider working with an experienced professional and take advantage of all the information provided. Professionals can ensure that you put your best case forward, that you keep focused on good UI hearing etiquette, and that you are not afraid to make your case.

For more information about how to handle unemployment hearing, be sure to subscribe to the Unemployment Tracker blog today.