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The Unemployment Appeal Case File

After a  disqualified from receiving  unemployment benefits, your case will be scheduled for a hearing. Shortly thereafter, you should receive a packet in the mail from the Division of Employment Security. The packet will contain the case file.

The case file contains important documents related to your unemployment appeal. Typically, the case filed will include some variation of the following documents:

 

Notice of Hearing for Unemployment Appeal

The Notice of Hearing document informs the claimant and the employer of the date and time of the unemployment hearing. In addition, the it will indicate the Appeals Referee (i.e., judge) assigned to preside over the unemployment appeal hearing.

The Notice of Hearing will also indicate the hearing issues. Understanding what the hearings issues is very important. First, the hearings issues determine which party have the burden of proof. In addition, the hearing issues will dictate what type of evidence required to win prevail at your unemployment hearing.

In vast majority cases, there will be two hearings issues: (1) Whether the claimant left work without good cause attributable to the employer ; and (2) whether the claimant was discharged for misconduct connected with work.

However, depending on the case, there may issues s

 

Initial Statements Regarding the Reasons for Separation

Included in the packet, ther

DES Claimant Information Form, Discharged-Other.

 

Request for Separation Information From the Employer  (500AB)

The Request for Separation Information from the Employer document, also known as a 500AB form, is a two page document that employers use to provide details regarding why a claimant was separated from employment.

SIDES

The SIDES Response is a alternative method used by employers to provide details regarding why a claimant was separated from the employment.

form is typically 4-6 pages long.

 

Adjudicator Fact Finding Form/Telephone Notes

In some cases, before the  initial decision as to whether to grant a claimant unemployment, an adjudicator will contact the parties by phone. Moreover, the adjuicator will often make notes of what each party said .

Receipt Transmittal of Appeal (Appeal Statement)

The packet will also typically include a document titled Receipt Transmittal of Appeal, which is a  form used by the an appealing party to appeal an initial determination regarding the denial or award of unemployment benefits.

While is generally sufficient to write “I appeal” on the Reciept Transmittal of Appeal form, an appeal party will often attacha more detailed statement of why they think the initial decision (i.e., determination) was wrong.

In any event, the packet should include all statements made in connection with the appeal. As you prepare for your unemployment appeal hearing, it is very important that you review all statements made in connection with your claim. This is important because it very important that you are consistent in your statements. More, if their are seemingly inconsistent statements (e.g., Claimant’s initial statement  is somewhat different from Claimant’s statement of Appeal), you will wan to be prepared to explain, reconcile, or otherwise address said issues.

Telephone Questionaire

The telephone Questionaire document is a form use . For example, if you have witnessed that you want  testify on your behalf at your unemployment hearing, you will list there names and their telephones numbers. Moreover, if you would like the Appeals Referee to contact you at a number different than the number already on file (i.e., the telephone listed on the Notice of Hearing), you will need to list your the alternate telephone.

 

Employer Policies

In many instances, the employer will include copies of  company policies from handbooks and/or manuals.  For example, if the employer discharged a claimant for tardiness, the employer will likely submit a copy an attendance policy.

Personnel Records

Employers often submit additional personnel records.   For example, an employer may submit copies of a termination letter and/form which purports to document the alleged reasons for Claimant discharge.  The Employer may also can include copies of prior warnings, write-ups, correction action, coaching and/or counseling forms.

Miscellaneous Evidence

Depending of the nature of the case, the employer may submit additional documentary evidence. For example, in a case where the employer alleges that a claimant failed a drug test, the employer may submit a copy of the test results.