Employees who quit or are terminated may apply for unemployment benefits. Employers can prepare for unemployment litigation by understanding the legal standards they must prove during a hearing. The standards vary depending on whether an employee quit or was terminated. Additionally, the burden of proof in a hearing is dependent upon whether the employee quit or was terminated.
Employers should maintain documentation while the employee is employed by the company to help provide evidentiary support during hearings. Either party to an unemployment case may contest or appeal a decision as to whether an employee is qualified to receive unemployment benefits.
There are four levels of decision-making in unemployment cases:
- The adjudicator’s determination
- The appeals hearing decision
- A review by the commission
- An appeal of the commission’s decision to state court
Once the adjudicator’s decision is issued, either party may contest the decision and request that an appeals hearing be scheduled. Once the appeals hearing decision is rendered by the appeals referee, the contesting party can appeal the decision in writing with an explanation of why the evidence presented at the hearing justifies a different outcome. After the appeals hearing, no new evidence or testimony is considered in contesting a former employee’s qualification for unemployment benefits.
This can be a challenging and emotional time. Our attorneys can help by providing representation at the employment hearing. We understand how the system works and will make sure you completely understand the process. We have vast experience in this arena and will make sure you are properly prepared for your hearing. Contact us for your appointment today. You can reach us online or by phone at (336) 333-7907.