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Employer's Guide To The Appeals Process Table of Contents
Introduction
This pamphlet is mailed to an employer whenever
an appeal has been filed from a decision of the Unemployment Compensation
Department which may result in potential charges to an employer's account.
If
you have not filed an appeal and you receive this pamphlet in the mail,
this means that your former employee has appealed from a decision of the
Unemployment Compensation Department denying him or her benefits. Your
tax liability may be affected by this appeal. With this pamphlet,
you should also have received a Notice of Hearing Before a Referee with
the date, time and place of the hearing. Whenever you receive a determination
with which you disagree, you should appeal as soon as possible. Most decisions
give you twenty-one (21) days to appeal. Information about filing and pursuing
an appeal is found within the
Steps in the Appeals Process:
the
Who, What, When, Why and How section and elsewhere in this booklet.
Information in this pamphlet will help you understand
the unemployment compensation law, determine the effect on your unemployment
tax liability, and prepare and present your appeal in the most effective
manner. Please read this material carefully. If you have any questions,
you may contact the Merit Rating Unit, the Call Center, or the Appeals
Division.
This pamphlet was written so that all employers
would be able to understand the appeals process without the help of a lawyer.
In a few places we have used technical terms which may be used during the
hearing, and you should become familiar with them. One such term is "the
Administrator." The Administrator is the State Labor Commissioner, who
administers the Unemployment Compensation Act. The terms "Administrator"
and "Unemployment Compensation Department" mean the same thing in this
pamphlet. The Appeals Division is separate and independent from the Unemployment
Department and is not bound by any decision of the Administrator.
Appeals procedures are designed to carry out the
unemployment compensation statutes and regulations. This pamphlet summarizes
the law but does not have the force and effect of law. The statutes and
regulations of both the Unemployment Compensation Department and the Appeals
Division are available for inspection at all Job Centers and Appeals Division
offices. They are also accessible on the Internet. At these offices
you may also consult the Appeals Division's Precedent Manual and electronic
index (ADLIB), which contain
major court and Board of Review decisions interpreting the Unemployment
Compensation Act. Addresses, telephone numbers, and fax numbers of these
offices, the local telephone numbers for the Call Centers, and the Appeals Division's Internet address, are listed
under
"Listing of Appeals Division Offices, American Job Centers and Call Centers".
table of contents
Highlights
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Filing Your Appeal. You have only
twenty-one (21)
calendar
days from the date of the Administrator's decision to file an appeal with
the Appeals Division. Do not delay. Likewise, you have only twenty-one (21) calendar
days from the date of the Appeals Referee's decision to file an appeal
to the Board of Review. Do not delay filing your appeal at either step.
See "Steps in the Appeals Process: The Who, What, When,
Why and How" and
Appeal to the Board of
Review for further information.
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How to File.
An appeal can be filed through your ReEmployCT portal.
You may also use the form available at any American Job Center or write a
letter containing the basis for your appeal to the Appeals Division.
Representatives who lack access to the ReEmployCT portal may also use the appeal
form on the internet at
http://www.ctdol.state.ct.us/appeals/apfrmnt.htm.
"Steps in the Appeals Process: The Who, What, When, Why and How" and "Appeal To
The Board Of Review or additional
information."
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File in Person, by Fax, by Internet, or by
U.S. Mail.
You may file an appeal through your ReEmployCT portal, in person at any American
Job Center or at any Appeals Division office, or by fax or Internet.If you file by mail, use the U.S.
mail, or a private delivery service approved by the IRS: Airborne Express, DHL Worldwide Express, Federal Express, or United Parcel Service.
Use a stamp, not a private postal meter, so the date of mailing can be
determined by the official U.S. Postal Service postmark. See
"Steps
in the Appeals Process: The Who, What, When, Why and How" and
Appeal
to the Board of Review for further information.
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Preparing Your Case. Determine what
law applies to your case and what documentation and witnesses you will
need to present a strong case. Proper documentation and credible, first-hand
witnesses are vital to your success. See
"Preparing
for the Hearing" for further information.
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Documentation.Official business records
such as time cards, financial records, written warnings, records of progressive
discipline proceedings, employee handbooks, contract of hire, the employee's
application for employment, medical records, police reports, and other
agency reports (CHRO, Workers' Compensation, rehabilitation reports, etc.)
are examples of relevant documentation. All documentation must be submitted to the Appeals Division at least 24 hours
before your scheduled hearing. See
"Preparing for the Hearing"
for further information.
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Witnesses. Witnesses with first-hand,
personal knowledge of the circumstances leading to the separation are vital
to your case. Have those witnesses attend the Referee's hearing in
person. Written statements by witnesses with first-hand knowledge
will
be given little, if any, weight if the author is not available for
cross-examination. See
"What Goes on at the Hearing"
for further information.
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Attendance at Scheduled Hearings. If you file an appeal and do not show up at the hearing, you will probably
lose the case. You may be able to get another hearing only if you can
show good cause for not appearing, such as sudden, documented illness,
a personal emergency, or a major emergency at work (fire, etc.). Overslept,
press of business, unexpected appointment, forgot, your secretary did not
remind you, lost the hearing notice, and similar excuses are not good reasons.
The Referee's hearing will likely be your only opportunity to present
witnesses and documentation in support of your case. The Board of Review
rarely conducts hearings. See
"Once an Appeal is Filed"
for additional information.
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Requesting a Postponement. Ask for
a postponement as soon as possible if you have an unavoidable conflict.
Last minute requests are generally denied unless you have a real emergency,
as described above. See
"Once an Appeal is Filed"
for additional information.
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Representation. Although representation
is not usually necessary, you may bring legal or other professional representation
to the hearing if you wish. You may request a list of independent hearing
representatives by completing the web form at
http://www.ctdol.state.ct.us/appeals/HearingReps.htm However, witnesses with first-hand knowledge
are still vital to the success of your appeal. Please read the above section
about Witnesses again. See
"General Information",
and "Preparing for the Hearing" for further information.
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Free Video. A video describing the
hearing process is available for viewing on this web site at
http://www.ctdol.state.ct.us/appeals/VideoIntro.htm. See
"General
Information" for additional information.
table of contents
General
Information
Q. Do I need a lawyer?
A. 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 these disputes, you should inform your attorney
or representative about the 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.
Q. Can an employee collect benefits while
working part-time?
A. Yes. The employee may be eligible for partial
benefits. Two-thirds of the employee's earnings will be deducted from his
or her benefits for the weeks during which the employee works part-time.
An employee can continue collecting partial benefits until the weekly earnings
from part-time employment exceed 150% of the weekly benefit rate.
Q. How can the claimant collect benefits
if he or she was such an unsatisfactory worker?
A. An employee's eligibility and your chargeability
are determined solely by the Unemployment Compensation Act. You may have
been entirely justified in discharging an employee, but the claimant will
not be disqualified from collecting benefits unless you prove disqualifying
conduct under the Act. Once benefits have been awarded, they will continue
unless and until the award is reversed by a higher authority.
Q. What if my former employee agrees to
give up the right to benefits?
A. The law prohibits you from asking your employees
to give up their benefits. If an employee made such an agreement, it is
void and the employee is not bound by it. You may not interfere with an
employee's claim for benefits or appeal.
The law protects any employee who files a claim
for benefits or who testifies as a witness from retaliation by an employer.
An employee who is disciplined or discriminated against because of participation
in an unemployment compensation proceeding can file a complaint with the
Labor Commissioner. Remedies include reinstatement, back pay, and attorney's
fees.
Q. Do I have to allow my former employee
access to his or her personnel file?
A. Yes. General
Statutes §31-128b requires employers to permit an employee to inspect and, if
requested, copy the employee's personnel file if such a file exists and if such
request is made during the employment or within one year of the separation of
employment. An employer must provide an employee with any documented notice of
the employee's termination immediately, and must respond to a file request
within five days for current employees and within ten days for for former
employees. Employers must also include any employee response when disclosing
warnings, termination notices or performance evaluations to a third party, which
includes the Appeals Referee and the Board of Review.
Q. Where can I get more information about
the appeals process?
A. From the Appeals Division, any
American Job Center or
the Merit Rating Unit, in person, by mail, or by phone at the Call Center between 8:30 A.M.
and 4:30 P.M., Monday through Friday. Every effort will be made to answer
any questions and to take appropriate action on your request or appeal.
If you have questions about your tax liability, contact the Merit Rating
Unit at (860) 263-6705. However, such inquiries will not stay the appeal
period or delay a hearing unless the Referee specifically grants a postponement
request.
You may also wish to visit the Appeal Division's
Internet site at www.ctboard.org.
In addition to general information, this site contains the Online Hearing
Docket; ADLIB, an electronic index of Board of Review decisions; a form
for filing an appeal; the video describing the hearing process; and the unemployment compensation statutes and regulations.
The Appeals Division has a twenty-minute
video explaining the appeals process and showing you what goes on
at the Referee's hearing. The video is available for viewing on this web site at
http://www.ctdol.state.ct.us/appeals/VideoIntro.htm If you are unable
to view the video from the website, you may request that a copy be mailed to
you. For a copy of the video, call the Appeals Division
office nearest you or fill out the form on our Internet site. You may also
view this video, by prior arrangement, at any Appeals Division office.
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FOR A FREE VIDEO
SHOWING WHAT AN APPEAL HEARING IS LIKE, CALL ANY APPEALS DIVISION OFFICE
OR FILL OUT THE
FORM ON OUR INTERNET SITE.
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table of contents
Steps
in the Appeals Process: The Who, What, When, Why and
How
Q. What happens once an appeal is filed?
A. It is forwarded to the appropriate office of
the Appeals Division for the scheduling of a hearing before an Appeals
Referee.
Q. What are the steps in an unemployment
compensation appeal?
A. The initial decision to award benefits and
to assess a charge against an employer's account is made by the Administrator.
The losing party can appeal the Administrator's decision to the Appeals
Referee. The Referee's decision can be appealed to the Board of Review,
and the Board's decision can be appealed to the Superior Court.
Q. Who can file an appeal?
A. 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.
Q. What can be appealed?
A. Any determination of the Administrator can
be appealed. Whenever you receive a decision with which you disagree, you
should file an appeal at once. The only exceptions are for tax assessments
due to delinquent reporting of wages and administrative penalties for intentional
misrepresentation. Pursuant to Section 31-270 of the General
Statutes, these decisions must be appealed directly to the Superior Court.
All other tax issues should be appealed to the Referee like any other decision
of the Administrator.
Q. What if the claimant is not claiming
benefits against my account?
A. Neither you nor the claimant has a choice about
which employer is charged for a claim. This is determined by law. A separation
from your employment within the applicable period may affect the claimant's
eligibility for benefits or your unemployment tax rate.
Q. What if the claimant has returned to
work?
A. The appeal will still determine the claimant's
entitlement to benefits (and your chargeability) during the time when the
claimant was unemployed and filed for benefits. Moreover, if the claimant
is not fully unemployed, he or she may be eligible for partial benefits.
(See the second question under General Information.) Your potential
liability remains in effect if the claimant collects partial benefits.
Q. Will an appeal affect the payment of
benefits?
If a decision by the Administrator or the Referee
awards benefits, the claimant will receive payments even though a further
appeal is pending. If a decision rules that a claimant is ineligible, benefits
will cease unless and until that decision is overturned on appeal. If the
final decision is not in the claimant's favor, the claimant may have to
pay back the benefits received. No charges will be assessed against your
account while an appeal is pending.
Q. What if I receive another notice of liability
from the Administrator regarding the same employee while an appeal is pending?
A. You should file another appeal unless the new
notice specifically tells you not to. If you are in doubt, file the
appeal. If you fail to file an appeal within twenty-one (21) days,
the decision will become final.
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. What if an appeal is late?
A.
It may be dismissed, in which case the Administrator's decision will be
unchanged. If you wish to appeal, do not wait for information, documents or your
next appointment with the Job Center. You can obtain whatever information you
need while the appeal is being processed. If your appeal is late, you must
indicate why you did not file your appeal on time. If it is determined that you
had good cause for filing a late appeal, the Referee will be able to hear your
case.
table of contents
Once
an Appeal is Filed
Q. How will I be notified of the hearing?
A. A Notice of Hearing will be mailed to you, the
claimant and the Unemployment Compensation Department indicating the time, date,
place, and the issues to be covered. Attached to the Notice of Hearing may be
relevant documents, such as the claimant's fact finding statement or appeal, if
these documents were not previously provided to you. Read these documents
carefully. They will help you prepare your case. By law, the notice need only be
mailed to you five calendar days before the scheduled hearing. In practice, the
Appeals Division tries to provide notice of a week or more. Because the notice
is so short, you should start to prepare your case as soon as you are aware of
an appeal.
The Appeals Division's Internet site contains the
Online Hearing Docket, which 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 am unable attend
the hearing?
A. Notify the Appeals Division immediately
and 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 fails
to 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 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.
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.
table of contents
Preparing
for the Hearing
Q. How should I prepare for the hearing?
A. 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 hire a lawyer or other representative,
do so as soon as possible, so that person 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 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 will issue
any necessary subpoenas. Otherwise, notify the Appeals Division immediately.
The Referee will determine whether a subpoena is necessary and, if so,
arrange for it to be served.
Q. When should I arrive for the hearing?
A. At least ten minutes early. If you wish to
review the case file, 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 the claimant, copies of the
Administrator's determination and the appeal statements, and any other
documents submitted by any party to the appeal. This information will help
you prepare for the hearing.
May I talk 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.
May I send information to the Referee before
the hearing?
A. Yes. This
information will be made part of the record. It must contain the name of your
business, the case number, and the claimant's name so it can be placed in the
proper file. You should also mail a copy of such material to the claimant and
the Administrator. Remember, however, that documentary evidence submitted to
the Referee before the hearing is not a substitute for live, first-hand
testimony.
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BE ON TIME FOR
YOUR HEARING. IF YOU ABSOLUTELY CAN'T ATTEND, CALL AT ONCE TO REQUEST
A POSTPONEMENT. IF YOU DON'T ATTEND THE HEARING, YOU ARE LIKELY TO
LOSE.
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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 on file.
This may include the fact finding report and all other documentation 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 violence. Threatening language or
actions toward staff or customers are not tolerated. Weapons are
banned from all Department of Labor buildings.
Q. What record is 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.
Q. Are the rules of the hearing 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 is considered better evidence. If the claimant
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 claimant.
Whenever
possible, bring to the hearing the person or persons who witnessed the
events in question or who have first-hand knowledge. This means
that the testimony of the foreman or supervisor is usually more valuable
than that of the personnel director or an executive.
Q. How can I best prove my case?
A. Present the best evidence possible, including
a description of events and circumstances by the individual primarily involved,
any documents concerning the issue, and any witnesses who observed or were
directly involved in what happened. If the claimant's separation was the
result of an incident involving a supervisor or a co-worker, the testimony
of the personnel director will usually not be sufficient.
Depending on the issues involved, you may need
to bring any of the following: the claimant's personnel file, medical
records, job description, employment application, attendance and payroll
records, warning notices, union contract, company rules and procedures,
and police or witness reports. You must provide copies of any documents
you intend to submit to the Referee and to the claimant. Bring these copies
with you to the hearing.
If the claimant left work voluntarily, then it
is the claimant's responsibility to prove that the separation was for good
cause attributable to the employer or for other reason permitted by law.
However, if you discharged the claimant, you must prove that you did so
for one of the following disqualifying reasons as defined by the Unemployment
Compensation Act: willful misconduct, larceny, felonious conduct,
participation in an illegal labor dispute, or failure of a legally permitted
drug test. Unless you are a reimbursable employer (for which there
are special rules), you will be relieved of charges if you establish one
of these disqualifying causes. 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. Make sure that you
present to the Referee all evidence, such as warnings and attendance records,
that support your charges against the employee.
Q. Who else will be at the hearing?
A. The claimant will usually be present, and the
Unemployment Compensation Department 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
involves sensitive matters that 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, 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
provide you an opportunity to add anything you feel is important and to
make a closing statement.
Q. What if I fail 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 he or she determines the information is relevant and
you have a good reason for not having 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.
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THE
REFEREE'S HEARING IS YOUR ONLY CHANCE TO TELL YOUR STORY. MAKE SURE THAT
YOU PRESENT ALL THE WITNESSES AND EVIDENCE YOU NEED TO WIN. YOU ARE NOT
LIKELY TO BE GIVEN ANOTHER HEARING. |
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. Is financial need a factor in the decision?
A. No. The claimant's financial need has nothing
to do with the decision. 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. 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.
table of contents
Determining
the Effect of a Claim on an Employer's Unemployment Insurance Account
Q. How can I determine the effect of a claim
on my account?
A. When an individual files a claim for unemployment
compensation, he or she establishes a benefit year, which lasts for twelve
months. Within that year, the claimant is eligible for up to twenty-six
weeks of regular benefits at his or her full weekly benefit amount. The period
of time used for determining how much money the claimant is eligible to
collect is called the base period, defined as the first four of the five
most recently completed quarters at the time the claim is initiated. Under some
circumstances, a claimant may use an alternate base period which includes the
latest completed quarter. Connecticut
charges unemployment compensation benefits on a proportional basis to each
one of the claimant's base period employers.
Each employer's charge is based on a percentage
which is computed by dividing the base period wages paid by that employer
by the total of all the claimant's base period wages. The percentage is
then applied to each payment the claimant receives during the benefit year,
thus allocating each payment as charges to a particular base period employer.
Charges against an employer's account are used
in computing that employer's unemployment compensation rate (except for
reimbursable employers, which are billed directly on a dollar-for-dollar
basis). The tax rate is based on the employer's experience during a three-year
period ending on June 30th of the year prior to the year for which the
tax was calculated. This period of time is referred to as the experience
period.
In order to establish the employer's tax rate,
a benefit ratio is calculated by dividing the total benefit payments charged
to the employer's account during the experience period by the total taxable
wages (limited to the first $15,000 paid to each employee). The result
is the employer's charge rate. The maximum charge rate under the law is
5.4%. The minimum is currently .5%. A fund solvency tax (which ranges from
0 to 1.4%) is then added to the charge rate to determine the employer's
total tax rate. A taxable employer has no liability if it paid an employee
less than $500 in his or her base period.
If you paid more than $500 in the base period
of the claimant's benefit year, you will receive a Notice of Potential
Liability (Form UC-280) when the claimant is first paid in that benefit
year. This notice shows the claimant's weekly benefit rate, your weekly
charge amount, and your maximum total liability if the claimant collects
for twenty-six weeks in that benefit year. If your weekly charge rate is
less than the claimant's weekly benefit rate, this means that the claimant's
other base period employers have also received notice of their liability.
Each of these employers has the right to appeal. An employer's right to
appeal is limited to the first notice of potential liability that it receives.
If you want help in determining the exact consequences
of a claim for benefits on your tax rate, you may contact the Merit Rating
Unit.
Q. What does it mean if the hearing notice
is marked "chargeability only"?
A. If the claimant returned to work after being
separated from your employ and earned ten times his or weekly benefit rate
before filing a claim for benefits, the claimant cannot be disqualified
regardless of the reason for separation. Nothing that happens at the Referee's
hearing will affect the claimant's benefits if the Notice of Hearing is
marked "chargeability only." The sole purpose of the hearing is to determine
whether charges should be assessed against your account.
Q.
If I'm not now a base period employer
(and thus am not presently chargeable), should I still pursue an appeal?
A. Yes. Although wages you paid the claimant may
be too recent for the claimant's current base period, they can be used
for the base period of a future benefit year. You will receive a Notice
to Employer of Approval of Claim for Benefits (Form UC-56KC). Your appeal
from this notice will determine the claimant's eligibility for benefits
and your future chargeability. You will not have another opportunity to
contest the claim or your chargeability if the claimant files a valid claim
in a subsequent benefit year using wages that you paid in the claimant's
new base period.
Q. What if I appeal and the decision is
in my favor?
A.If
that decision is not appealed within twenty-one (21) calendar days, it will
become final. The claimant may be asked to repay the benefits received. Your
account will not be charged, provided you participated in the administrator’s
predetermination hearing. If you received notice of the administrator’s hearing
but did not participate or file a timely written response, you will be liable
for any benefits paid to the claimant.
Q. Will my account be charged if the claimant
doesn't pay back the benefits?
A. Your account will be relieved of charges for
benefits paid to the claimant if the claimant has been found ineligible
even if the claimant fails to repay the overpayment or the overpayment
is waived, except for those charges imposed for benefits paid because the
employer failed to participate in the fact finding hearing.
Q. Can I appeal from an assessment of charges
against my account because of the overpayment created when I failed to
participate at the fact finding hearing and then prevailed before the Referee?
A. In the decision reversing the
Administrator's award of benefits, the Board of Review or the Referee will
notify the employer that it has a potential liability for the overpayment
created because it did not participate in the fact finding hearing. Any charges
imposed against a contributing employer's account will be reflected in the
employer's quarterly charge statement (UC-54Q). The employer may protest
the charges within sixty (60) days after the quarterly statement is issued if
this is the first notification of those charges. In the case of a
reimbursing employer, charges will be reflected in the employer's monthly
billing statement. A reimbursing employer may appeal its assessment of
charges within twenty-one (21) days after the monthly billing statement if this
is the first notification of these charges.
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Appeal
to the Board of Review
Q. What can I do if the decision is not
in my favor?
A. 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 (usually at a new
hearing) 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.
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.The decision explains how to appeal or request a reopening of the case. If your
appeal or motion to reopen is mailed, it must be postmarked or received within
twenty-one (21) calendar days of the mailing date of the decision. Private
postage meter postmarks are not considered; the envelope containing your appeal
or motion must contain a United States postal service postmark or a mail date
from the IRS-approved private delivery service, such as Airborne Express, DHL
Worldwide Express, Federal Express or United Parcel Service. If the offices of
the Unemployment Compensation Department are closed on the twenty-first day, you
will have until the next business day to file your appeal. You may also file
your appeal in person, by fax or by Internet. Be sure to read any decision or
letter promptly, and do not delay in filing your appeal.
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 may prevent consideration of them
at higher levels.
Q. How will the Board of Review handle the
appeal?
A. The Board of Review will acknowledge your appeal
and give you ten additional days to submit a written statement in support
of your case. It is important that you tell the Board every reason why
you believe 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 either affirming
(agree with), reversing, or modifying 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 decision. 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. In any appeal to court, a corporation must be
represented by an attorney.
Q. Can anyone else appeal or request reopening?
A. Yes. The claimant and the Unemployment Compensation
Department also have the right to appeal decisions of the Referee or the
Board of Review if they are adversely affected by the decision.
|
IF
YOU HAVE A GOOD CASE, IT PAYS TO APPEAL. WHEN EMPLOYERS APPEAL TO THE REFEREE AND
SHOW UP AT THE HEARING, THEY WIN ABOUT 40% OF THE TIME. |
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Appeals
Division Offices, AMERICAN JOB Centers and Call Centers
Appeals Division On Line
Internet Web Site: http://www.ctboard.org
Appeals Division Offices - Referees, Chief Referee, Board of Review
|
OFFICE |
STREET ADDRESS |
CITY |
PHONE |
FAX |
|
MIDDLETOWN (Hamden area) |
645 South Main St. |
Middletown, CT 06457 |
(203) 230-3700 |
(860) 754-5059 |
|
MIDDLETOWN (Hartford area) |
645 South Main St. |
Middletown, CT 06457 |
(860) 566-5262 |
(860) 754-5059 |
|
MIDDLETOWN (Norwich area) |
645 South Main St. |
Middletown, CT 06457 |
(860) 892-2253 |
(860) 754-5059 |
|
WATERBURY (Waterbury area) |
249 Thomaston Ave. |
Waterbury, CT 06702 |
(203) 596-4138 |
(203) 437-3440 |
|
WATERBURY (Bridgeport area/ Interstate) |
249 Thomaston Ave. |
Waterbury, CT 06702 |
(203) 579-6271 |
(203) 437-3440 |
|
CHIEF REFEREE |
645 South Main St. |
Middletown, CT 06457 |
(860) 754-5061 |
(860) 754-5059 |
|
BOARD OF REVIEW |
38 Wolcott Hill Road |
Wethersfield, CT 06109 |
(860) 566-3045 |
(860) 263-6977 |
|
MERIT RATING UNIT
EMPLOYER STATUS UNIT
American Job Centers
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