Frequently Asked Questions About Unemployment Insurance Hearings

General Questions About a Hearing

  1. Can the hearing office help me with my unemployment claim?
  2. Where are the hearing offices located?
  3. Why is this employer involved, since I’m not claiming benefits from them?
  4. What is an ALJ?
  5. Do I need an attorney?
  6. Can I be represented by an attorney or an agent at the hearing?
  7. Is the department represented by an attorney in an unemployment tax appeal hearing?
  8. What does a representative do at a hearing?
  9. Is my testimony really needed?
  10. Can I speak directly to the administrative law judge who will be hearing my case?
  11. Will the hearing be similar to the initial fact finding interview?
  12. Who should come to the hearing?
  13. Why is the "burden of proof" important in an unemployment insurance hearing?
  14. What is "hearsay" evidence?
  15. Are my business records considered "hearsay" testimony?
  16. May unemployment insurance taxes be paid under protest while awaiting the results of a hearing?

Before a Hearing

  1. How do I file an appeal of a determination?
  2. What is a late appeal?
  3. When will my hearing be scheduled?
  4. The department's determination was in my favor – how do I know if the other party has appealed?
  5. If I’ve been receiving benefits, and my former employer appeals, do the benefits stop?
  6. Why am I not receiving payments?
  7. Should I continue to file?
  8. Do I need to send anything in before the hearing?
  9. What if I have special needs?
  10. What can I do to prepare for my hearing?
  11. Will I be able to participate by phone?
  12. Can I appear in person?
  13. I'll be traveling, can I call in for the hearing?
  14. Can I get a postponement?
  15. What if I decide to withdraw my request for a hearing?
  16. Is there something I should do if I am participating by phone and have a witness?
  17. How do I get a witness to appear or documentation that is not mine to the hearing?

During a Hearing

  1. What happens at a hearing?
  2. How long will the hearing last?
  3. Will my statement be taken over the telephone separately from the employe(r)’s?
  4. Will someone from the unemployment insurance division represent me at my hearing?
  5. Can the hearing be adjourned so that I can get an attorney?
  6. What if the day of the hearing arrives and I’m late, or I can’t make it?
  7. What if the administrative law judge is delayed?
  8. What if the administrative law judge does not call on time?
  9. Is video or audio recording allowed as evidence?
  10. Can I testify about a document or video I have seen?
  11. Why do I have to present witnesses in person?

After a Hearing

  1. How long after the hearing will I have to wait for a decision?
  2. Can I appeal the administrative law judge’s decision?
  3. If an appeal is pending, should I continue to file claims?
  4. I just got a decision allowing unemployment benefits, when do I get my payments?
  5. When do I get my exhibits back?
  6. Can I speak to the administrative law judge after the hearing?
  7. Can I get a copy of the administrative law judge’s notes of the hearing?
  8. How do I get a copy of the hearing recording?
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