A claimant for unemployment insurance who has been denied benefits, may file an appeal of
that denial to the Appeals Division. An employer may appeal a determination granting benefits to a
former employee. All appeals must be in writing and submitted by mail or fax. Appeals cannot
be filed by E-mail. All appeals must be filed within the time period stated on the face of the
determination being appealed.
If an appeal is filed, a hearing will be held by a Hearing Examiner, who will
then issue a written decision. That decision is appealable by a claimant, an employer or the Department to the
Board of Appeals.
Record made at hearing
It is required that a record be established of the hearing and this is accomplished by making an official recording.
(Parties are prohibited from making unofficial recordings.)
Testimony under oath
All testimony given at appeals hearings must be given under oath or affirmation. Legal Counsel and other representatives
not testifying need not be sworn.
Who proceeds first
In Lower Appeals cases involving a termination from employment, the employer testifies first. In cases involving a
resignation from employment, the claimant testifies first.
After the testimony of each witness has been completed, the opposing party or his/her legal counsel or representative
will be offered the right of cross examination. This procedure will be allowed until all witnesses for either party
(claimant or employer) have testified and the other side will begin its case following the same format.
Do not interrupt
Even if you strongly disagree with what a witness says, please do not interrupt or argue with the witness. You will have
the opportunity to ask questions of that witness and to present your own side of the story. An orderly and systematic
hearing is to the advantage of all parties. This does not preclude formal, legal objections to testimony/exhibits.
In some cases the parties may wish to present documentary evidence (such as personnel records, paycheck stubs, medical
certificates, etc.). These papers will be accepted as long as they are relevant to the case. Parties should prepare
three copies of any papers they plan to submit as evidence. Copies cannot be made at hearings.
Written decision and further appeals
Decisions in appeal cases are written. They are issued after the Hearing Examiner has reviewed all the evidence, made
findings of fact and applied the Unemployment Insurance Law to those facts. The full written decision is mailed to all
interested parties as soon as possible. There is a right to further appeal which
is fully explained in the decision.
If you have any further questions about the procedures for appeals hearing, please ask the Hearing Examiner prior to the
start of the hearing.
Lower Appeals Frequently Asked Questions (FAQs)
Check the status of an appeal