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Appeals Division
Employer FAQs (Frequently Asked Questions) |
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Unemployment Appeals
Claimant FAQs (Frequently Asked Questions)
Last Updated:
May 06, 2009
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Employer Questions
- 1.
Who can file an appeal
?-
You, your former employee (the claimant), or any
other base period employer of your former employee who is affected by a
decision of the Administrator.
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2. What happens
once an appeal is filed?
-
It is forwarded to the appropriate office of the Appeals Division
for the scheduling of a hearing before an Appeals Referee.
- 3. What happens
if one of the parties fails to attend the hearing?
-
If the party that appealed does not attend, the appeal will probably
be dismissed and the Administrator's decision will stay the same. If
the claimant appealed and you fail to attend the hearing, the Referee's
decision may be based solely on the claimant's testimony. Therefore, it is
very important that you attend the hearing unless a postponement is granted.
- 4. What should
I do if I am unable to attend the hearing?
-
Notify the Appeals Division immediately to request
a postponement. The telephone number of the Appeals Division office 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?
-
Usually not. By carefully following the instructions in this pamphlet,
an unrepresented employer should be able to gather the necessary evidence.
The Referee will assist you in presenting your case. However, you have
the right to be represented by an attorney or other representative of your
choice. You may request a list of independent hearing representatives by
completing the web form at
http://www.ctdol.state.ct.us/appeals/HearingReps.htm If you have a
representative, you are responsible for paying your representative's fee. If
you do not have a representative at the Referee's hearing and later decide
that you should have one, this will not provide good cause for another
Referee's hearing.
If you are represented by an agent representing you for a
fee, that agent must register with the Board of Review and comply with
the code of conduct promulgated by the Board. The agent may be subject
to a penalty for violations of the code.
If you have other legal disputes with your
employee, such as arbitration, workers' compensation, or discrimination cases,
and you are represented in those disputes, you should inform 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 employee.
- 6.
How should I
prepare for the hearing?
-
Start immediately to gather any papers relating to the issues such
as correspondence from the claimant, 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 have a lawyer or other representative, 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 person can be informed of hearings or other 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 does 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 that 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?
-
Hearings are informal. The Referee explains the
procedure and reads into the record the relevant information on file. This
may include the fact finding report and all other documentation 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 your 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, and answer directly and
plainly. Give complete and accurate information, without rambling or
bringing in unrelated issues. 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 to 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.
- 10. What can I
do if the decision is not in my favor?
-
If you disagree, 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 give a good reason why you did not present the information at
the Referee's hearing. 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 may be
held, if needed. A new decision will be issued, which can also be appealed.
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