table of contents

Once an Appeal is Filed

Q. What happens once an appeal is filed?

A. It will be forwarded to the appropriate office of the Appeals Division so that a hearing before an Appeals Referee may be scheduled.

Q. Can an appeal be withdrawn?

A. Yes. A claimant or employer who files an appeal may withdraw it at any time before the Referee's decision is issued. You should withdraw your appeal only if you decide that the Administrator's initial decision is correct.

Q. How will I be notified of the hearing?

A Notice of Hearing will be mailed to you, any employers involved, and the Unemployment Compensation Department indicating the time, date, place, and the issues to be covered.  Start preparing your case as soon as you become aware that an appeal has been filed.

The Appeals Division’s Internet site contains an Online Hearing Docket that lists all hearings within twenty-four hours of their being scheduled.  If you lose your hearing notice or want the quickest possible notice of when your appeal is scheduled, you should check this site.

Q. What should I do if I cannot attend the hearing?

A. 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. If you or a key witness are unable to attend for any reason, make sure that you notify the Appeals Division as soon as possible before the hearing to see if any other arrangements are possible.

Q. What happens if one of the parties doesn't attend the hearing?

A. 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 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 have received. Therefore, you must attend the hearing unless a postponement is granted.

Q. What if I have a language problem or a disability, including speech or hearing, which will make it difficult for me to participate?

A. Notify the Appeals Division as soon as you can, and everything possible will be done to provide assistance. If you need an interpreter, the Appeals Division will provide one for you. 

Q. Should I withdraw my appeal if I go back to work?

A. No. If you go back to work, you may still be entitled to benefits for the period of unemployment. Hearings are held during normal business hours. However, every effort will be made to schedule a hearing that will minimize the amount of time you have to take off from your new employment. It may also be possible for you to participate by phone. Contact the Appeals office at once if your work schedule conflicts with the hearing.

Q. Do I have to attend if the hearing only concerns my former employer's chargeability?

A. It is important that you attend the hearing even though your benefits won't be affected. If you returned to work after your separation from your former employer and earned ten times your weekly benefit rate before filing your claim for benefits, you cannot be disqualified regardless of the reason for your separation. Nothing that happens at the Referee's hearing will affect your benefits if the Notice of Hearing is marked "chargeability only." However, without your testimony, the Referee may not be able to learn the whole truth and make a fair decision about whether your employer should be charged for your benefits.

Q. What if I move?

A. Notify the Appeals Division and the Consumer Contact Center. If you move out of state, arrangements can be made for a telephone hearing. (The Appeals Division has a separate link describing the procedures followed in telephone hearings.)

table of contents

Preparing for the Hearing

Q. How should I prepare for the hearing?

A. 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 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 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 usually 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.  The Referee will limit the testimony to issues that are relevant to the case.  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.

Q. What if I need to subpoena a witness?

A. If you have an attorney, that person should issue any necessary subpoenas. If not, notify the Appeals Division immediately. The Referee will determine whether a subpoena is necessary and, if so, arrange for it to be served.

Q. What kind of doctor's statement might I need?

A. If your medical condition is an issue in the case (for example, if you quit because the job was affecting your health or you were fired because you were out sick), you should have your doctor prepare as detailed a statement as possible. You should ask the doctor to include the following information, if relevant:

• your medical history for the year prior to your separation and the dates on which you consulted the doctor;

• the condition(s) for which you were treated;

• any medications prescribed;

• the conditions on the job as your doctor understood them and how those conditions affected your health;

• any restrictions on employment caused by your condition, and

• the basis for any advice by your doctor that you leave your job.

Q. Can I obtain my personnel file from my employer?

A. Yes. State law gives you the right to review and copy your entire personnel file, including medical records, for at least one year after your separation. In order to trigger the employer's obligation to provide you access to your file under General Statutes §31-128b you must make a written request to the employer immediately. If you have difficulty getting access to your file before the Referee's hearing, call the Appeals Division office whose number appears at the top of the hearing notice. Effective October 1, 2013, if the employer presents documentation of disciplinary actions, your termination notice or your performance evaluation(s) to the Referee or the Board of Review, the employer must also present any written disagreement you provided to the employer in response to that documentation.
 

table of contents

What Goes on at the Hearing

Q. How will the hearing be conducted?

A. 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 other documents from the first hearing at the American 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.

Proper decorum is expected.  The Appeals Division has zero tolerance for workplace violence.  Threatening language or actions toward staff or customers are not tolerated.  Weapons are banned from all Department of Labor buildings.

Q. How can I prove my case?

A. Present the best evidence possible, including your own description of events and circumstances, any documents concerning the issue, and any witnesses who observed or were directly involved in what happened.

If you left work voluntarily, it is your responsibility to prove that you left for good cause attributable to your employer, or another reason permitted by the statute. Also, at any time, you may be required to establish that you are able to work, available for work, and making reasonable efforts to find work. Be prepared to establish your efforts to find work, including names and addresses of employers contacted and the dates. The question is whether you made the effort, regardless of whether the employer accepted a written application. You are expected to look for work in such a way as to become reemployed as soon as possible, using the accepted and customary methods of obtaining the type of work you are seeking.

Be sure you know all the elements that you must establish in order to prove your case, and be prepared to offer testimony and evidence on each element.

Q. Who else will be at the hearing?

A. Your former employer may send a representative and the Administrator may also be represented. Although the hearing will be open to the public, and anyone who is interested may attend, usually only the parties are present. If you believe that the hearing will involve sensitive matters which would constitute an invasion of your privacy, you can ask the Referee to close the hearing to the public.

Q. How will I know what to tell the Referee?

A. 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.

Q. What if I forget to bring something or need to obtain more evidence?

A. You should ask the Referee to continue the hearing so that you can get whatever is needed. The Referee will grant your request only if the information is relevant and you have a good reason for not bringing it with you. The Referee will consider only information, evidence, and testimony presented prior to or at the hearing. You will not be allowed to introduce additional evidence once the hearing is over unless the Referee has agreed to keep the record open.

Q. May I send information to the Referee before the hearing?

A. Yes. Any information sent will be made part of the record. If you send information, be sure to give your name and case number to identify the material so that it can be placed in your file. You should also mail a copy of any such material to the employer and the Administrator. Remember, however, that documentary evidence submitted to the Referee before the hearing is not a substitute for live, first-hand testimony.

Q. May I speak to the Referee before the hearing?

A. The Referee generally will have no contact with you or any party outside of the hearing. Other members of the Appeals Division staff will advise or assist you with procedural matters.

Q. When should I arrive for the hearing?

A. Plan to arrive at least ten minutes early. If you wish to review the case file, you should make arrangements to do so before the day of the hearing. In some cases it may be possible to review the file on the day of the hearing, but you must confirm this with the Appeals Division. The case file contains statements made by you and any employers involved, copies of the Administrator's determination and the appeal statements, and any other documents submitted by any party to the appeal. This information may help you prepare for the hearing.

Q. What record will be made of the hearing?

A. The hearing will be recorded, which will be the official record of the proceeding. Make every effort to speak clearly enough to be heard and understood. Do not interrupt when others are speaking. Do not attempt to speak to the Referee "off the record." The Referee is required to record the entire proceeding. You may obtain a copy of the recording by contacting the Appeals Division after the hearing.

Q. Are the rules the same as in court?

A. No. The rules of evidence do not apply. The law allows the Referee to question the parties and review written or printed records to ensure justice for all interested parties.

Hearsay testimony, that is, repetition of statements made by persons who are not present at the hearing, may be acceptable. However, direct testimony from such persons is considered better evidence. If your employer offers direct testimony on an issue and you reply with only hearsay evidence, the Referee will probably give greater weight to the testimony of the employer. Whenever possible, bring to the hearing the persons who witnessed or who have first-hand knowledge of the events in question.
 

table of contents

The Referee's Decision

Q. What will the Referee's decision be based on?

A. Only information admitted into the record by the Referee is used to decide the case. It is your responsibility to present this information. The Referee will not investigate or contact witnesses. The statutes, regulations, and decisions of the Board of Review and the courts guide the Referee in deciding the issues.

Q. How will I be informed of the decision?

A. 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.

Q. If the decision is in my favor, will the checks come with it?

A. No. Any benefits payable will be sent to you by the Unemployment Compensation Department shortly after the decision is issued. The Appeals Division does not process payments. Any questions about checks should be directed to the call Center.

Q. Is my financial need a factor in the decision?

A. No. Financial need has nothing to do with it. The Unemployment Compensation Act is an insurance program designed to pay benefits to people who are unemployed through no fault of their own and who are actively seeking work.

Q. Should I continue filing claims while awaiting a decision?

A. Yes, as long as you are unemployed and available for work. If a decision is made in your favor, you will receive compensation only for those weeks for which you have filed claims.

Q. If my claim is reopened, should I still pursue my appeal?

A. Yes. If you win the appeal, you will receive benefits for the weeks before your claim was reopened.

table of contents

Effect of an Appeal on the Claimant

Q. Will an appeal affect the payment of benefits?

A. If a decision by the Administrator or the Referee awards benefits, you will receive payments even though a further appeal is pending. If the final decision is not in your favor, you may have to pay back the benefits you received.

Q. What if my former employer appeals and the decision is made in its favor?

A. If you do not appeal that decision within twenty-one (21) calendar days, it will become final and you will be asked to pay back the benefits you received.

Q. How will I have to pay back the benefits?

A. The law provides several options for repayment: a repayment schedule; offset from present or future benefits; or waiver of the overpayment. After the Referee's decision becomes final, the Administrator will advise you of the amount of the overpayment and the various methods of repayment. If the overpayment is not waived and recoupment from future benefits is not sufficient to repay the overpayment, the Administrator will insist upon a repayment schedule. If you fail to comply with the repayment schedule, the Administrator may attach your wages when you go back to work.

Q. Can I appeal from the Administrator's determination about repayment?

A. Yes. You may appeal this determination, but only the amount of overpayment and the method of repayment will be considered. You will not have another opportunity to appeal the decision of ineligibility which created the overpayment. Therefore, it is critical that you appeal the first decision you receive which says that you are ineligible for benefits.

table of contents

Appeal to the Board of Review

Q. What can I do if the decision is not in my favor?

A. 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 give 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 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.

Q. How do I file an appeal from the Referee's decision?

A. The Referee's decision explains how to appeal or request a reopening of the case. Filing your appeal through your ReEmployCT portal allows for prompt receipt by the Appeals Division. You may also file an appeal in person at any American Job Center or at any Appeals Division office, by mail or by fax. Representatives who lack access to the ReEmployCT portal may file an appeal by Internet, in addition to the other listed methods.

Q. How will the Board of Review handle the appeal?

A. The Board of Review will acknowledge your appeal and provide an opportunity for you to submit a written statement in support of your case. It is important that you tell the Board every reason why you think the Referee's decision was wrong. The Board will then review all the material in the case file and listen to the recording of the hearing before the Referee. A decision will be issued which will affirm (agree with), reverse, or modify the Referee's decision. If the Board feels that further information is needed, the case may be remanded (sent back) to the Referee for a new hearing or to the Administrator for further investigation and a new determination. If you are not satisfied with the Board's decision, you have thirty (30) calendar days to file a motion to reopen with the Board or a further appeal to the Superior Court. The Board's decision explains how to do this.

Q. If I appeal to the Board of Review, will I have another hearing?

A. Probably not, which is why you should say everything you feel is important at the Referee's hearing. Give specific facts. Failure to raise issues at the Referee's hearing will nearly always prevent consideration of them at higher levels.

Q. Can anyone else appeal or request reopening?

A. Yes. Any employer affected by the decision and the Administrator have the right to appeal decisions of the Referee or the Board of Review if they are adversely affected by the decision.

Q. If I appeal a chargeability decision, how will this affect my annual charge rate?

A. Both taxable and reimbursable employers will be charged and billed while their appeal and/or protest is pending.

Q. So what does this mean? Will I receive a credit if the decision is reversed?

A. For Taxable Employers:

CTDOL acknowledges the receipt of your inquiry to the charges pertaining to unemployment insurance benefit payments and the employer has an protest / appeal pending with the department.

CTDOL assesses the charges for unemployment insurance paid on a weekly basis, and provides such quarterly notice to each employer. The charge remains in effect and is utilized in the rate calculation(s).

If the employer prevails in such protest / appeal and a credit is required, then the employer will receive such credit in a future quarterly notice. The credit will not be applied retroactively, but will be used in the calculation of future tax rate(s).

Therefore, the annual contribution rate will be based upon the employer’s unemployment insurance experience as of June 30th of the preceding year.

For Reimbursable Employers:

CTDOL acknowledges the receipt of your inquiry to the charges pertaining to unemployment insurance benefit payments and the employer has an protest / appeal pending with the department.

CTDOL assesses the charges for unemployment insurance paid on a weekly basis, and provides such quarterly notice and statement of account to each employer. The charge remains in effect.

If the employer prevails in such protest / appeal and a credit is required, then the employer will receive such credit in a future quarterly notice and statement of account. The credit will be applied to the quarter in which the decision was issued. You should pay your current quarterly bill in full to avoid any interest or penalties in the future.