| What's
an Appeal? | What's a
Hearing? | How
to Prepare What Happens Next? |
A person (“claimant”) that has been fired from a job or has
left for good cause can apply to the Department of Labor Unemployment Division (“DOL”)
for unemployment benefits. If the DOL denies the claimant benefits, the claimant
can appeal the decision. On the other hand, if the DOL does award the claimant
benefits, the former employer can appeal the decision.
To appeal, a claimant or employer must file a Notice of Appeal 21
days after the DOL makes its initial decision. The appeal can be filed by mail
at any DOL Job Center, or by Internet or fax at the DOL Unemployment Division
web site. Once the appeal is properly filed, the DOL assigns a date for a
hearing where both claimant and employer can present their respective arguments
before an administrative referee.
A Notice of Hearing will be mailed to the claimant and former
employer (the “parties”) indicating the time, date and place of the hearing
and the issue(s) to be discussed. If one of the parties can not attend the
hearing, that party should immediately request a postponement by calling the
Appeals Division office at the telephone number listed on the Notice of Hearing.
A hearing is an informal meeting, generally held in a small
conference room, where the parties have the opportunity to present their
respective sides of the story to an administrative referee, a special kind of
judge. During the hearing, the referee questions each party about the events and
circumstances of the firing or leaving. The parties also have the right to ask
each other questions, present written evidence, oral testimony, witnesses and
other relevant information to support their respective stories.
A hearing typically lasts 1 hour. After the hearing, the referee
considers all the information presented in light of the relevant state
unemployment law in making a decision. The parties are notified of the decision
by mail within 1 to 4 weeks of the hearing.
Be aware that if you file an appeal and do not show up at the
hearing, you will probably lose unless you have a very good reason for not
appearing such as sudden illness or other emergency.
A claimant should review the initial findings of the DOL
administrator and the Notice of Hearing to understand why benefits were awarded
or denied and what is the relevant law. To read the full text of the law, choose
‘Research Links’ from the Client Menu, click on ‘UI Statutes’ and choose
the appropriate statute. Note that the reasons for an employer appeal are listed
on the Notice of Hearing.
The claimant’s next step is to prepare a coherent and convincing
argument to present to the referee. The claimant should identify relevant and
credible documents and witnesses, if available, that support the claimant’s
argument. (Access Connecticut law on unemployment benefits by choosing ‘Research
Links’ from the Client Menu and then ‘UI Statutes’.) The claimant can also
research earlier decisions made by the Board of Appeals to better understand how
the statute governing the claimant’s issue has been applied to similar
situations in the past. (Access Board of Appeal decisions by choosing ‘Research
Links’ from the Client Menu, clicking on ‘ADLIB’ and entering appropriate
search parameters.) Finally, the
claimant should try to anticipate the employer’s arguments and be prepared to
refute them.
A claimant may bring legal or other professional representation to
the hearing. If the claimant desires representation, it is important to make
arrangements as soon as the Notice of Hearing is received to allow time for
proper preparation. The Unemployment Action Center at the University of
Connecticut School of Law (“UAC”) represents free of charge claimants
seeking unemployment benefits. Please call the UAC at (860) 570-5305 for
information.
Parties to the hearing will generally receive the referee’s
decision within 4 weeks. Either party has the right to appeal the referee’s
decision to the Board of Appeals. Rather than re-hear the case, the Board of
Appeals considers all the evidence given at the hearing in light of the relevant
law and decides whether the referee’s decision was correct.
For more information about the appeals process call the CTUAC
hotline at 860-570-5305 or go to the website
of the DOL’s Unemployment Division at
http://www.ctdol.state.ct.us/appeals/esappeal.htm