19 Jul Preparation for Unemployment Hearings
No matter what the circumstances are, every employee (and employer) has the right to request an unemployment hearing in order to influence a determination for benefits. Success at these hearings, therefore, is an important ingredient in a comprehensive and successful program to control unemployment costs.
Every person getting ready to attend a hearing ought to make sure they understand the following:
- Person(s) selected to attend a hearing should have firsthand knowledge of the reason for separation and the facts leading to the separation. Hearsay testimony is generally not persuasive.
- Three copies of documentation (e.g., personnel file, records or statements) relevant to the separation are necessary for an in-person hearing. It is customary to provide copies for the hearing officer (or Administrative Law Judge), claimant (the terminated employee) and the Prestige representative. Procedures may vary according to state or for telephone hearings.
- Bring copies of relevant company rules and policies, including (if applicable) rules found in a collective bargaining agreement if the claimant is a union member. Also produce evidence that rules were received by the claimant, e.g., acknowledgments.
Hearings are not trials, so you don’t have to observe all of the formalities of a courtroom. But hearings are legal proceedings where witnesses swear to tell the truth, witnesses can be cross-examined and documents can be entered into evidence.
If you have questions concerning this, or any other unemployment issue, contact Prestige Employee Administrators, Inc.