My Employer is Appealing

My Employer is Appealing

I got a Notice of Hearing in the mail that says my employer appealed my UC claim.

When you file for unemployment, your employer will also get Notices of Determination about your eligibility for unemployment. If your employer disagrees with a Notice of Determination that finds you eligible, they can appeal that determination. 

When they appeal a determination, a Referee hearing will be scheduled. A Referee Hearing works like a mini-trial. You will have the chance to testify and present evidence that proves why you should be eligible. 

What do I do after I get this Notice of Hearing?

  • Look for the date, time, and location of the hearing.

    You will get a Notice of Hearing that tells you what date and time the hearing is happening.

All UC hearings are now being held in person.

  • You can request to have a telephone hearing if for some reason you cannot attend an in-person hearing. To do this you need to:
  1. Contact the Referee’s office using the phone number or email listed on your Notice of Hearing.
  2. Explain to them why you cannot do an in-person hearing and provide them with the appeal number on your Notice of Hearing.

  • Identify the eligibility issue that will be discussed at your hearing.

    On the notice there should be a section that says "ISSUES TO BE DECIDED AT HEARING." This section will list out the eligibility issue(s) that the hearing will focus on.

  • Gather your evidence.

    You should use things like tax documents, letters from your employer or clients, paystubs, doctor's notes, and anything else that shows you are eligible for benefits.

Click here for more info on gathering evidence.

  • Submit your evidence.

    How and when you submit your evidence depends on if you have a telephone hearing or in-person hearing.

  • In-Person Hearing
  • You will get a copy of all the documents for the hearing when you go to the Referee office on the day of your hearing.
  • You can bring your evidence to the hearing. You do not need to send it to the Referee before your hearing.
  • Telephone Hearing
  • The Referee Office should mail you a copy of all the documents for the hearing.
  • You have to email or mail your evidence to the Referee’s office at least 5 calendar days prior to the hearing.

  • Go to your hearing.

    This depends on the type of hearing you have.

  • In-Person Hearing
  • You should get to the Referee’s office at least 30 minutes before the time listed on the Notice of Hearing. 
  • Telephone Hearing
  • Make sure your phone can take calls from blocked or unknown numbers. 
  • The Referee will call you at the time that your hearing is scheduled for. 

You have the right to legal representation in a UC hearing.

We strongly recommend that you that you find legal representation for your hearing. 

Many unemployment claimants qualify for free legal assistance. 

Click here to find free legal assistance.

I want to find a legal representative, but my hearing is coming up. What should I do?

You can email or fax a request for a continuance to the Referee office (fax number and email address should be on the Notice of Hearing you received). When you request a continuance, it means you want the hearing to be rescheduled to a later date. 

You can ask for a continuance at any time, even during your hearing. But, the Referee’s office strongly prefers that you ask for a continuance more than 48 hours in advance. 

Have more questions about UC benefits?

Click here to read our UC FAQ.
Return to the UC benefits home page.