Can I appeal my Referee’s Decision?
At this point in your unemployment compensation appeal process, you have had your Referee Hearing and have gotten the Referee’s decision determining whether you are eligible or ineligible to receive unemployment compensation benefits (“UC Benefits”). If you have received the Referee’s decision and were found ineligible for UC Benefits, you can appeal that decision to the Unemployment Compensation Board of Review (“UCBR”).
The UCBR is an independent 3-member Board who will determine if the Referee’s decision was proper. The UCBR will then issue their decision either affirming (agreeing with) or overruling (disagreeing with) the Referee’s decision.
The process for a UCBR appeal is slightly complicated and you may want to consult an attorney before engaging in this process.
Step One: Appeal by the Deadline
The Referee Decision will state when you must file your appeal by. You must file you appeal by the deadline (15-days after the Referee Decision was mailed) unless you lose your right to an appeal. The Referee Decision will state where to send your appeal. You can appeal by fax, mail, or e-mail.
Step Two: What to include in your Appeal
When you submit your appeal, you must include certain information, such as: (1) name, (2) social security number, (3) date of decision being appealed (i.e., Referee Decision), (4) reason for the appeal, (5) the appeal number (found on the Referee Decision) and (6) your address.
You will also want to ask for a copy of your hearing transcripts. At the Referee Hearing, the entire proceeding was recorded. For a UCBR appeal, the recording will be transcribed so the person filing the appeal can read exactly what was said at the Referee Hearing. It is always important to ask for a copy of your transcripts so the UC Department sends them to you immediately upon receiving your appeal.
Lastly, you should ask for the opportunity to submit a brief on your behalf explaining why you think the Referee was wrong in his/her decision.
Step Three: Writing the Brief
Once you submit the appeal, you will receive a copy of the transcripts from your Referee hearing (i.e., the one’s you already requested in your appeal). First, you should read the transcripts carefully in order to understand exactly what was said and argued at your Referee Hearing. Second, you need to write a brief detailing what happened that resulted in your separation and why you believe the Referee was wrong in his/her decision. It is important to remember that you may only refer to the transcripts from your Referee Hearing when writing your brief. You may not use any information, testimony or evidence that was not presented at your Referee Hearing. A brief is comprised of many different parts and can be rather lengthy and difficult to write, which is why it is essential to consult an attorney.
Step Four: Submit your Brief by the Deadline
When you receive the transcripts from your Referee Hearing, you will receive an attached letter stating when your brief must be received by. It is important to remember that the brief must be RECEVIED by the UCBR by the date indicated. If you mail your brief before the deadline but it is not RECEIVED by the UCBR by the deadline, you may lose your right to submit a brief and appeal you Referee Decision