employer FAQs (Frequently Asked Questions)
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- 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.
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
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
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
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.
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 CTWorks Career 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.
8. How will I know what to
tell the Referee?
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
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.