How Employers Can Appeal Unemployment Insurance Decisions
The right to unemployment compensation employer appeals is available to an employer who disagrees with an unemployment insurance (UI) determination. Employers may submit reemployment assistance employer appeals if they believe the employee, also known as the claimant, should be ineligible for benefits or eligible for fewer UI benefits. An appeal is a formal written disagreement with a determination of unemployment insurance benefits from the state unemployment insurance agency. An employer request to appeal reemployment assistance for previous elderly employees can occur for some of the following reasons:
- Unemployment benefits are being paid to a former employee who quit for reasons unrelated to the employer
- Unemployment benefits are being paid to a former employee who was fired for misconduct
- Unemployment benefits are being paid to a former employee who refused to work or is engaged in a labor dispute
- The insurance agency has decided that the employer’s business is chargeable for benefits
Learn more about reasons for reemployment assistance employer appeals and unemployment compensation employer appeals rights by downloading our helpful free guide.
How does an employer appeal a reemployment assistance decision?
The process of filing unemployment compensation employer appeals request may vary from state to state. You may file an employer unemployment benefits appeal if or when you receive a notice from the UI agency about a former employee completing an unemployment benefits application process. The notice should include instructions on how to file a reemployment assistance appeal and the deadline for doing so. The notice or determination will state if the claimant is eligible or ineligible for benefits and include information on his or her final benefit amount.
You have the right to submit an employer request to appeal reemployment assistance if you disagree with the determination of your state UI agency. You can submit a reemployment assistance employer appeal if you think your previous, elderly employee should receive an approval or a denial for unemployment compensation, or if you believe the employee receive an incorrect compensation amount. The process and deadline for filing reemployment assistance employer appeals varies from state to state. You may find instructions on how to file a reemployment assistance appeal and information about deadlines included in the notice you received from your state UI agency.
In most states, requests for unemployment compensation employer appeals must be filed in writing. To file an employer request to appeal reemployment assistance, you will typically need to submit a written request that includes your name, the business name, your contact information and your reasons for disagreeing with the determination. If you are submitting a UI employer appeals request later than the indicated deadline, you should include the reason why you are responding late. Once you have written an employer request to appeal reemployment assistance, you may be required to submit the appeal via mail, in person, or online. Learning how to respond to an UI claim as an employer can help you gather necessary documentation and information necessary to dispute your former employee’s claim.
Learn About Reemployment Assistance Employer Appeals Hearings
After submitting an employer request to appeal reemployment assistance, the case may proceed to a tribunal hearing. The purpose of a hearing is to review the unemployment compensation determination, and the hearing process can vary by state. Once your employer request to appeal reemployment assistance appeal has been received, the appeals tribunal may schedule a hearing. You and the claimant may receive notification of the hearing in the mail. The notification may include the date and time, in addition to information about how the hearing is to be conducted. If you file an unemployment compensation employer appeal, you should also get information about UI fraud if you believe your previous employee is applying for benefits illegally.
Unemployment compensation employer appeals hearings may involve a hearing officer, you, your former employee and any witnesses relevant to the case. Typically, hearings are conducted over the telephone, but special reemployment assistance employer appeals hearings may be scheduled in-person at the request of either parties. Hearings may also be rescheduled for a different date or time if either party has a conflict that cannot be rearranged. In many states, in-person unemployment compensation employer appeals hearings and rescheduling requests must be written and submitted multiple days in advance of the originally scheduled hearing.
When it comes to unemployment compensation employer appeals hearings, both you and your former employee may have the opportunity to present evidence and gather witnesses to support your case. Before the reemployment assistance employer appeals hearing, you may submit copies of evidence that could support your employer request to appeal reemployment assistance to the hearing office and claimant, such as time cards, payroll records, warning notices and company rules. You may also gather witnesses that have direct or personal knowledge of the facts you are presenting to support your appeal. During the hearing, you and the claimant have a right to testify personally, present documents, question opposing partings and more.
After a reemployment assistance employer appeals hearing, the hearing officer will mail you and your employee a written notice of the decision. The notice will show if the original unemployment insurance compensation determination has been affirmed, reversed or modified. If you disagree with the decision, you may have a right to re-appeal. You can learn more about reemployment assistance employer appeals and hearings in our comprehensive guide.