Unemployment hearings can be complex and hard to navigate without the right support. However, with the appropriate insight and subject matter experts to guide you, you can find success.
Knowledge is power, and the more you know about unemployment hearings, the more prepared you will be when a case arises that requires your attention.
Learn more about hearings and best practices as we dive into case study reviews and answer some questions our team has received.
Case Studies
Case studies can provide insight into the state’s thought process behind determinations, helping you consider what information, documentation, and best practices are needed to obtain a favorable outcome. Take a look at two real-life examples of unemployment cases to see how and why cases are ruled.
Case #1
The claimant was hired for a position where she was told her four-week training scheduled would be a rotating schedule but would not be that way after completing her training. The first two weeks of training she was scheduled to work from 9 a.m. to 5 p.m. The third week was scheduled from 5 a.m. to 3 p.m. The fourth week she was scheduled from 3 p.m. to 1 a.m. The claimant informed the employer after the second week that she wished to resign due to not liking the variable schedule, which affected her childcare. She shared her home with her three children: 19 years old, 17 years old and 3-year-old, and her adult brother. She arranged for her older children and her brother to watch the youngest when she worked. She also had her mother next door.
Initially, the claimant was deemed qualified for benefits based on resigning with good cause. However, the appeals tribunal reversed the decision, ruling that the resignation was not for good cause as the rotating schedule was temporary, she was aware of the training schedule upon hire, and she had available childcare options. Therefore, her leaving was personal and was not good cause connected with employment, which resulted in her disqualification from benefits.
Case #2
The claimant worked as a commissary worker in a jail from January 30, 2023 until May 31, 2024. The claimant was required to have a satisfactory security clearance in order to work in the jail with inmates. This included not fraternizing with inmates nor having personal phone calls. In July 2023, Claimant gave birth to a child. The child’s father was incarcerated. She had personal conversations about the child with the father while he was in jail. Employer found out about this and informed her that there could be no personal communications with any of the inmates. The inmate was released in the Fall of 2023. After the Fall of 2023, the claimant did not have any personal calls with any inmates. In 2024 the jail believed the claimant had personal phone calls with an inmate. As a result of this belief, the jail pulled the claimant’s security clearance and she then lost her job.
Initially, the state agency disqualified the claimant. During the hearing, the claimant denied having any conversations after the Fall of 2023 with any inmates and no firsthand witness was provided to dispute her testimony. The claimant was deemed a reliable witness and, as such, there was not enough evidence to prove misconduct. Therefore, the appeals tribunal reversed the determination and the claimant was found qualified for benefits.
Hearings Q&A
How do I contact my hearings analyst? What is the proper procedure to request preparation assistance for a hearing?
You can reach your unemployment claims manager at any time via the SHIELD discussion board or email. To request hearing preparation, simply reach out to your analyst, who will work with you to set up a date/time that works best for all involved.
Are you able to provide additional documentation with an appeal? How must documentation be presented to the claimant in order to use it for a hearing?
Yes, you can provide additional documentation for an appeal. However, since the goal of an appeal is to schedule a hearing, it is likely that no additional action will be taken by the state in response to the documentation until the hearing. During the hearing, you will be able to reference any documentation provided throughout the claims process.
To submit documentation for a hearing, you can upload/send the relevant documents to your unemployment claims manager. They will then send it to both the state and claimant, as required. We typically either email (preferred) or mail the documentation to the claimant, depending on what contact information is available.
How is the case decided if the claimant does not appear for the hearing?
If the hearing is a result of a claimant appeal, the hearing will be dismissed. However, if the hearing is due to an employer appeal, the hearing will continue as scheduled with just the employer. The claimant may be able to reopen the case if they provide good cause for their absence at the original hearing date.
What are the chances of a favorable outcome if no one is available with first-hand knowledge?
It is difficult to say with certainty as every decision is made on a case-by-case basis.
For a voluntary resignation, the burden of proof is on the claimant. Therefore, even if you do not have a first-hand witness, the claimant will still need to satisfy their burden.
For a discharge, the burden of proof is on the employer. While hearsay is allowed, a disqualification cannot be based on hearsay alone; therefore, a first-hand witness is vital to a successful outcome. Alternatively, it is possible for a claimant to self-disqualify based on the information they provide during the hearing.
When Should You Appeal a Hearing Decision?
You should appeal a hearing decision if you feel the appeals tribunal did not properly consider the evidence. Typically, the standard is, “Could a reasonable person come to the conclusion of the Administrative Law Judge (ALJ)?” New evidence will not typically be allowed at the Board of Review level, so the Board will be looking to see if the ALJ followed the proper procedures and if their decision was based correctly in the law.
About Us
For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources. Some information was provided by our friend, Darby Gibson, Client Marketing & Insights Specialist, at Thomas & Company.
