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What will happen during my hearing?

An unemployment compensation hearing is conducted by an impartial Hearing Officer. The purpose of the hearing is to decide whether unemployment benefits should be granted or denied. Anyone with an interest in the outcome of the hearing is a "party" to the hearing. Parties to hearings are typically the claimant and the employer. It is the Hearing Officer's job to see to it that all parties receive a fair hearing. A fair hearing means an impartial Hearing Officer will decide your case after considering the testimony of all witnesses and other evidence. The Hearing Officer will make sure you understand the proceedings and that you have the time you need to present information relevant to your case. The hearing will result in a written decision by the Hearing Officer affirming, modifying, or setting aside the decision of the Deputy.

The hearing is a fact-finding process. It is like a trial, but not as formal. The appeal hearing is carefully controlled by the Hearing Officer. This is done to ensure each party has the same opportunity to present his or her case.

The hearing will begin with the Hearing Officer making an opening statement about what will happen during the hearing. The Hearing Officer will answer any questions you might have about the hearing process. The Hearing Officer will only use information presented at the hearing in reaching his or her decision. All testimony is given under oath and recorded.

The Hearing Officer will begin receiving testimony by swearing in the first witness, usually either the claimant or the employer. The party carrying the burden of proof usually presents their case first. In a separation case, the burden of proof varies depending on the issue. If the claimant left work voluntarily, it will be the claimant's burden to show that they had "good cause" for leaving the employment. If the employer dismissed the claimant, it will be the employer's burden to prove that the claimant was dismissed due to the claimant's misconduct.

The Hearing Officer will usually question the witness first and allow them to tell their story. After answering all of the Hearing Officer's questions, the witness will then be allowed to give additional relevant information. The party who requested the witness's testimony will then have the opportunity to ask their own questions. Finally, the opposing party will be given the opportunity to "cross- examine," or question, the witness. The next witness is then called and the same procedure is followed again.

When one side has finished presenting their evidence, the opposing side will then be given the opportunity to present his or her case. The Hearing Officer will close the hearing when neither side has any additional relevant information or evidence to present. Most hearings involving a separation last between 30 and 60 minutes.

If you need clarification or have any questions at any time during the hearing, ask the Hearing Officer for assistance. Finally, it is important to remember that the hearing is held to gather facts, not to get into an argument. Arguing, or getting angry during a hearing, prevents you from clearly stating the facts of your case. You will give a much better presentation if you stay calm and do not allow emotions to cloud the issues.