Unemployment Insurance Hearings - Best Practices

Unemployment Insurance Hearings - Best Practices

By Unemployment Tracker Posted February 14, 2017

Unemployment hearings, while one of the most important factors of unemployment costs, are often the most frustrating for employers. Many times employers don’t understand how to handle an unemployment hearing effectively because they have little experience or guidance.

An unemployment hearing is like a courtroom trial which can be held in person or over the phone. It requires preparation and a clear idea of what you as the employer plan to say.

To win more of your unemployment hearings, you should follow these best practices:

Get your evidence together

You should have documentation of employee misdeeds or absences. Have these documents ready and sent to both the hearing officer and the former employee at least five days before the hearing. If you do not share the evidence in advance of the hearing, you may not be able to use it.

To strengthen your case, you should also have witnesses attend the hearing. Witnesses should include only people who were directly involved with the situation that led to termination. This may include the former employee’s supervisor, a recruiter or other people who can testify to the employee’s improper behavior.

Always go over the evidence with your witnesses so everyone fully understands the situation. Being familiar with your evidence will also help you present a better, more cohesive case.

Plan your questions

Write out and plan what questions you intend to ask witnesses during the hearing as well as what questions you might ask while cross-examining the witnesses. You don’t want to forget anything important, but you also should not be so dependent on your questions that you miss out on new information revealed during the hearing.

Be polite

Even if you are angry at the former employee, never let your emotions get the best of you. Address the judge as “your honor,” “sir” or “madam” and be polite to witnesses. You’ll be viewed more favorably by acting respectably and avoiding derogatory comments.

Don’t guess at answers

If you are asked a question by the judge, former employee or their advocate, never guess at the answer. Say you don’t know if you don’t know. If they make you speculate at an answer, be clear that you are only guessing.

Be clear and concise

Don’t ramble with questions or answers. Simply answer the question and add no new information—or you may give the opposition information they need to win. Plus, hearing offices like clear, brief testimonies.

Take notes during the hearing

When others are questioning witnesses, take notes on an inconsistencies or improper testimony. You will get a chance to cross-examine the witness and can use these notes to ask stronger questions that help prove your case.

Ask questions—don’t testify

When cross-examining, just ask questions. Don’t testify or ramble on since this will annoy the judge.

These tips will get you started on the path to more successful unemployment hearings. Once you start winning more hearings, you will see a drop in your unemployment costs, saving you money.

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