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Appeals Division
Claimant FAQs (Frequently Asked Questions) |
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Unemployment Appeals
Claimant FAQs (Frequently Asked Questions)
Last Updated:
May 06, 2009
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Claimant Questions
- 1.
Who can file an appeal
?-
You or any of your former employers who are
affected by a decision of the Administrator can appeal from the denial or
the award of benefits.
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2. What happens
once an appeal is filed?
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It will be forwarded to the appropriate office of
the Appeals Division so that a hearing before an Appeals Referee may be
scheduled.
- 3. What happens
if one of the parties doesn't attend the hearing?
-
If the party who appealed does not attend, the
appeal will probably be dismissed and the Administrator's decision will stay
the same. If the employer appealed and you fail to attend the hearing, the
Referee's decision may be based solely on the employer's testimony. If the
Referee rules in favor of the employer, you may have to repay all
unemployment compensation benefits which you received. Therefore, you must
attend the hearing unless a postponement is granted.
- 4. What should
I do if I cannot attend the hearing?
-
Notify the Appeals Division immediately and
request a postponement. The telephone number of the Appeals Division is
printed at the top of the Notice of Hearing. Postponements are granted only
for very good reasons. Make sure that you notify the Appeals Division as
soon as possible before the hearing if you are unable to attend for any
reason.
- 5.
Do I need a
lawyer?
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Usually not. By carefully following the instructions in this pamphlet,
an unrepresented claimant should be able to gather the necessary evidence.
The Referee will assist you in presenting your case at the hearing. However,
you have the right to be represented by an attorney or other representative
of your choice. Free or reduced cost legal representation may be available
to qualified claimants. A list of free legal services is provided in A Claimant's Guide to the Appeals
Process under the section "Free Legal Services".
You may also request a list of independent hearing representatives by completing
the web form at
www.ctdol.state.ct.us/appeals/HearingReps.htm If you hire a
representative, you are responsible for paying your representative's fee,
but you may ask the Appeals Division to determine the amount of the fee that
can be charged.
If you have other legal disputes with your
employer, such as arbitration, workers' compensation, or discrimination
cases, and are represented in those disputes, you should tell your attorney
or representative about your unemployment claim. Although an unemployment
compensation decision cannot be used against you in any other case, what
happens in your unemployment appeal may affect other disputes with your
employer.
- 6.
How should I
prepare for the hearing?
-
Start immediately to gather any papers that relate
to the issue such as correspondence from your employer, union contracts,
warning notices or medical statements. Also, be certain that any witnesses
who have direct knowledge of the events in question are available to attend
the hearing.
If you plan to get representation, do so as soon as possible, so that
your representative will have time to prepare. Notify the Appeals Division
of the name and address of your representative so that he or she will be
informed of hearings or proceedings. You must decide before the hearing
whether you need representation. You will not be given a new hearing just
because you later decide that you should have been represented.
It is your responsibility to present evidence and testimony to prove
your case. The Referee will not investigate or contact witnesses for you.
He or she will act on the basis of information in the file and evidence
and testimony presented at the hearing. The Referee will not be able to
consider evidence provided after the hearing.
The hearing before the Referee is the only
chance you will have to tell your story. Be prepared to tell the Referee
everything you think is important and to present all witnesses and evidence
at the hearing. You will not be allowed another hearing to present evidence
which you failed to offer the first time unless you had good cause for your
failure.
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7.
How
will the hearing
be conducted?
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Hearings are informal. The Referee explains the
procedure and reads into the record the relevant information already on
file. This may include the fact finding report and all documents from the
first hearing at the Job Center. You are not bound by the statements in the
fact finding report and will be given an opportunity to present your version
of the facts fully. However, if your testimony differs from the fact finding
statement, you should be prepared to explain why. All parties and witnesses
must testify under oath.
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8.
How will I know
what to tell the Referee?
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The Referee will ask questions designed to obtain
the necessary information. Listen carefully to the questions, and answer as
directly and plainly as you can. Give complete and accurate information, but
do not ramble or bring in unrelated information. You will be permitted to
question the other parties and witnesses. Before the end of the hearing, the
Referee will give you an opportunity to add anything you feel is important
and make a closing statement.
- 9.
How
will I be informed of the decision?-
The Referee will mail a written decision to you,
your representative, and other interested parties and their agents,
including the Unemployment Compensation Department, as soon as possible. The
decision will explain your right of appeal if you are dissatisfied with the
decision.
- 10. What can I
do if the decision is not in my favor?
-
If you disagree with the Referee's decision, you
can appeal to the Employment Security Board of Review. If you have new or
additional information, you can write to the Referee and ask to have the
case reopened.
Usually, a motion to reopen will be granted
only if you have a good reason why you did not present the information the
first time. If you did not attend the Referee's hearing, the case will not
be reopened unless you prove to the Referee that you had a good reason for
not attending. If the case is reopened, another hearing will be held, if
needed. A new decision will be issued, which can also be appealed.
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