What is a Hearing?

• State unemployment agencies typically only give 7-10 days notice from the date of mailing
• Informal fact-finding proceeding, court rules are relaxed
• 90% of hearings take place by phone
• Conducted by an informal 3rd party (Administrative Law Judge, Hearing Officer, Referee)
• Allows the claimant (former employee) and the interested employer an opportunity to fully describe how the claimant’s separation from employment occurred
• Final opportunity to present evidence and witnesses
• Hearsay evidence may be admissible
• Determines the claimant’s eligibility for unemployment benefits

How will CCC assist me?

• Notify your organization of the time, date and place of the hearing
• Review documents and submit them to both the claimant and the state agency
• Determine which witnesses are appropriate to attend the hearing
• Prepare witnesses for the hearing by reviewing testimony and the hearing process
• Provide representation during the unemployment hearing (if the contract allows)

Who should I bring as a witness?

• Personal, direct knowledge
• Witnesses for all incidents related to the separation, not just the final incident
• More than one may be needed

As a witness, what should I expect?

• All testimony will be taken under oath and recorded to preserve a record of the hearing
• Each party will be given an opportunity to provide testimony
• Only one person at a time will speak
• Discharge = burden on an employer to prove misconduct
• Quit = burden on a claimant to prove no other option other than leaving the job. (typically must be work related)
• After each party testifies, the other side will be given a chance to cross exam (ask questions)
• No oral decision, a written decision received one week or more later

Tips for success:

• Be timely! 
• In person: arrive at the hearing at least 15 minutes prior to its scheduled start.
• Telephone: Call in per the instructions on the hearing notice.
• If you don’t understand the instructions speak with your hearing representative.
• Bring the basics. (hire date, last day of work, position, rate of pay)
• Be prepared. You will be asked to provide specific dates and details relating to the separation. Prior to the hearing review, the incidents and statements leading to the separation to refresh your memory.
• Wait your turn. Speak only when you have been asked a question.
• Speak clearly, remember the hearing is being recorded.
• Listen carefully to questions being asked and answer these questions briefly and specifically. (Avoid: I think, I believe, I don’t recall)
• Tell the truth. Always.
• Keep it professional. Do not let your personal feelings affect your testimony. Provide facts, not opinions. You do not want either your sympathy or dislike of the claimant to come across when testifying.

What to avoid:

• Answering questions when you are unsure of your answer. No answer is better than the wrong answer.
• Allowing yourself to be drawn into a discussion that will weaken the specific reason for discharge. For example, if the discharge was for absenteeism, any discussion relating to attitude, performance, insubordination, etc. is totally irrelevant and will weaken your case.
• Volunteering unsolicited information or recall facts the claimant is unable to remember.

Important to Note: In 2011, UI Integrity legislation required that all employers provide timely, all documentation relating to a former employee’s reason for separation. Your best prevention of attending an unemployment hearing is to respond to initial claims filing with any information that may be necessary as the claim progresses through the claims process. If additional documentation is to be provided an at the hearing level that was not supplied at the claim level, CCC and your organization must provide a reason why we were unable to provide it with our initial response to the state unemployment agency.

The guidelines you have just read have been followed as standard procedure by CCC, and our success rate has been better than 95%. By following these guidelines, you can be confident that you will be an effective witness at your next unemployment hearing. If you have additional questions or need additional training, contact contact@corporatecostcontrol.com or via telephone at (800) 207-6926.