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What Happens At An Unemployment Hearing?

 

What Happens At An Unemployment Hearing

 

            An unemployment hearing happens when one side disagrees with an initial determination as to whether or not a claimant is entitled benefits and an appeal has been filed. The procedure and rules for a hearing varies slightly from state to state, but this basic description will give you a good idea of what to expect at a hearing in any state.

 

            The hearing starts with the hearing officer asking all parties present to identify themselves after which all witnesses will be sworn in. The next step of the hearing is any documents submitted to the hearings officer prior to the hearing will be identified. After the identification of document the hearings officer will ask if either side has any objections to the documents. After this testimony begins. The party that initiated the separation of employment will testify first. The hearings officer will ask basic questions that include what date the claimant began working for the employer, last day worked, rate of pay, if the job was full time or part time, and whether or not the claimant was discharged or quit their job and why.

 

            After the basic questions are complete the representative of the party who initiated the separation of employment  will question their first witness. When the representative is done with their questions the hearings office may or may ask the witness some questions. This is called direct examination. When the direct examination of the witness is complete the other side's representative will question the witness and this is called cross examination. This process continues with each witness that is called to testify. When the side that initiated separation of is done the other side gives testimony in the same manner. At the end of testimony each side's representative may or may not be given an opportunity to make a closing statement or argument. Then the hearing adjourned.

 

            A decision is not made at the time of the hearing. Each side will get the hearings officer's decision via mail usually in about one or two weeks time.

 

           

 

 

Comments

 

The Bureau of Labor Statistics released data last week that shows California’s unemployment rate is down and job creation is up. Though job creation has slowed in many sectors, economists are predicting that more jobs will be added once employers determine how they will be affected by the sequester and the elimination of payroll tax cuts.

Over the course of the last year, California’s unemployment rate has dropped 1.7 percent, from 10.7 to 9.0. In the last month alone there was a 0.4 decrease.

California added 273,100 jobs in the last year, which is the second highest amount in the nation.

This is a sure sign of recovery for California, which was hit especially hard by the recession. Unemployment hasn’t been this low since December 2008.

Representation You at the Unemployment Appeal Hearing

Ultimately, the evidence presented at the time of your  hearing will determine whether the decision of the adjudicator is reversed or upheld. During the unemployment hearing, our representatives will present your case through direct examination. Your representative will cross examine the employers witnesses regarding lack of personal knowledge, lack of documentary evidence, the employer’s failure to follow its own disciplinary policy, failure to consistently enforce policies, bias, etc. Once all evidence has been presented, your attorney will offer a closing argument, which will summarize the facts that have been presented through your testimony as well as any documentary evidence and will apply the relevant law to the facts of your case and argue why you should be entitled to your unemployment benefits. Everything will be recorded and entered into evidence for the Appeals Judge to review and make a decision.

 

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