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WINNING YOUR UNEMPLOYMENT INSURANCE HEARING

WINNING YOUR UNEMPLOYMENT INSURANCE HEARING. Presented By D DeGROOT M MANAGEMENT S SERVICES, INC. 1-800-295-6666. WHAT IS A HEARING ?. An Administrative Proceeding Conducted by a Referee All witness’s are placed under oath

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WINNING YOUR UNEMPLOYMENT INSURANCE HEARING

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  1. WINNING YOUR UNEMPLOYMENT INSURANCEHEARING Presented By DDeGROOT MMANAGEMENT SSERVICES, INC. 1-800-295-6666

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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!

  9. 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

  10. THANK YOU FOR ATTENDING ! D DeGROOT M MANAGEMENT S SERVICES, INC. 1-800-295-6666

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