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Denied Unemployment Benefits Appeal Hearing; How To Prepare Your Unemployment Benefits Claim
21/02/12
So the Washington Employment Security Department has denied your claim for unemployment benefits, what can you do now? The law provides you with the right to appeal this decision to an impartial and fair third party, the Office of Administrative Hearings.
The key to success is to provide accurate and compelling evidence that supports your claim. The Office of Administrative Hearings offers informal hearings, so you do not need to have a lawyer. However, you have the right to bring a lawyer if you want to. You will have the opportunity to present your evidence at a hearing, which is generally held over the phone. Beforehand, you will need to present any documents or recordings you wish the Administrative Law Judge to see.
The first thing you must do is determine the reason why your unemployment benefits claim was denied, so you can collect evidence that proves the claim is valid. In most cases the reason a benefits claim reaches Office of Administrative Hearings is a disagreement on the reason for the termination of an employment contract. For instance, an employer may claim a worker was sacked due to misconduct or wanton disregard, while the employee may feel the termination was unfair. The appeals hearing gives both parties the chance to support their claims.
Let’s assume your ex-employer claims you were sacked for misconduct. What evidence can you bring to an appeal hearing? An Administrative Law Judge will accept three main types of evidence: firsthand testimony, documents and recordings.
Firsthand Testimony
This is often the most compelling type of evidence. It includes the testimony under oath of somebody that heard or saw the events in question as they occurred. For instance, if your employer told you he was firing you because there was not enough work and somebody else heard that, you and the other witness can provide compelling eyewitness testimony. The testimony of witnesses who attend the hearing, and can therefore be cross-examined by the other party, hold much more weight than witnesses that simply offer a written or recorded statement. Written or recorded statements are considered by the Administrative Law Judges as hearsay, which is a weak type of evidence judges don’t give much credibility. Do all you can to arrange for your witnesses to attend a hearing. For instance, give them the date and time of the hearing as soon as possible so they have plenty of time to fit it in their schedule.
Documents and Recordings
Documents, audio and video recordings that support your case, also called exhibits, may include correspondence, time cards, medical reports, maps or charts that support your case. Remember you must provide copies of any document or recordings to the Administrative Law Judge and the other party before the hearing. Any documents you do not share with the other party and the judge before the hearing will not be considered by the judge regardless of how compelling it is.
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