An unemployment hearing occurs when an employer contests a former employee’s right to unemployment benefits. Both the employer and employee have the right to appeal any decision regarding unemployment benefits. Each state has different rules for filing appeals.
After you file a claim for your unemployment, your entitlement for benefits is determined; you may receive or be denied benefits. If either side is not happy with the decision, both the claimant and the employer have the right to file an appeal. Each state has its own regulations regarding time limits, but typically the date range for filing an appeal is 1- to 30 days from the date of the decision regarding benefits. In New Jersey, appeals must be filed within 10 days of the date of the decision’s mailing, or seven days from the date of receipt. Once an appeal has been officially filed, it lands at the unemployment department’s appeals division.
Unemployment hearings allow each party to present their own evidence and testimony to an impartial hearing officer. During the hearing, both parties will have the opportunity to state their positions. The hearing judge will then follow up with any questions and witnesses are also allowed to provide any helpful information. The information at the hearing must be directly related to whether the employee is eligible for unemployment benefits based on the state’s eligibility standards. The questions may vary depending on what issue is being disputed.
The focus of unemployment hearings revolves around the reason for termination. The cause for termination usually involves employee misconduct or a situation where an employee had to quit for a reason caused by the employer. The burden of proof lands on the person who initiated the separation.