Frequently Asked Questions
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.
