WINNING YOUR UNEMPLOYMENT INSURANCE HEARING Presented By D DeGROOT M MANAGEMENT S SERVICES, INC

WHAT IS A HEARING ? An Administrative Proceeding Conducted by a Referee All witness’s are placed under oath Witness’s are questioned & allowed to give testimony …. their side of the story The referee will issue a written decision binding on all parties Either party may Appeal the decision

KEY TERMS Appellant – the party who requests the hearing Cross – questioning of the witness by the other party ID – the first decision regarding claimant’s eligibility Exhibits – documents officially made part of the record First Hand Testimony – direct personal knowledge of facts Hearsay – secondhand testimony / no direct knowledge Issues – the reasons benefits are allowed or denied

HOW TO PREPARE Determine who should be the witness’s Gather all pertinent documents Know FDW & LDW / Position – Job Title How did their employment come to an end Send all parties copies of anything you may want to have admitted to the record Review your timeline of events

THE HEARING Be ready to start at the time scheduled Have witness’s prepared to testify as to the facts The witness’s will be placed under oath The Referee will initially question witness’s in order to develop the record Remember written statements from witness’s not appearing will be considered as hearsay

Testimony must be relevant to the issue before the Referee The Referee will give each party the opportunity to cross examine the other witness’s During cross examination you are not allowed to testify or argue with the claimant Don’t be surprised if the claimant’s story is not the same as yours Each party should be given the opportunity to add anything additional for the record

Each party will be allowed to make a “closing argument” The referee will then “close” the hearing Once the hearing is closed, the Referee can have no further discussions with either party You will receive a written decision Either party may appeal the decision within 20 days of the mailing date

AFTER THE HEARING The Referee decides how the Law will apply to the facts presented by the parties Many times the Referee will determine who they felt testified more credibly If you won …… CONGRATULATIONS! If you lost, you have the right to appeal!

APPEALING File the Appeal timely, (within 20 days) Request a copy of the Hearing transcript Your Appeal will be written No new evidence or testimony is allowed Your argument must be based upon the record from the Hearing and why you feel the Law was not applied correctly

THANK YOU FOR ATTENDING ! D DeGROOT M MANAGEMENT S SERVICES, INC