An appeals hearing is where the Employment Security Commission (ESC) reviews its initial decision regarding whether or not you are eligible for benefits. The hearing itself is a quasi-judicial proceeding that can occur via telephone or in person. The hearing is conducted by a Hearing Officer or Appeals Referee who is employed by the ESC. This individual will be the finder of fact (like a judge) and the appeals hearing will be a mini-trial. Following the appeals hearing, the Hearing Officer or Appeals Referee will render a new decision. This appeals hearing will be your only opportunity to present evidence and testimony as to why you should be awarded unemployment benefits. You have the right to have an attorney assist you and represent you during your hearing.
DID YOU KNOW….
- If you have been laid off or fired, you are entitled to apply for unemployment benefits.
- Even if you quit, in some cases you may be entitled to benefits.
- If you have been granted benefits, your employer can appeal the award.
- You have the right to have a legal representative present at your hearing to present evidence on your behalf.
- Employers may falsely accuse you or provide false documentation in order to avoid paying you benefits.
- Having an experienced attorney on your side can help you win benefits!
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