What is a UCBR Brief?
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.
Once you submit the appeal to the UCBR, 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. There are many aspects of a UCBR brief but you should include the following sections.
This is the part in the UCBR brief where you should give a brief timeline of your unemployment appeal up to this point. You should include the following: (1) when you originally filed, (2) when you were ruled ineligible, (3) when you appeared before the Referee, (4) the Referee’s ruling and (5) when you appealed to the UCBR.
Summary of Position
This is the part in the UCBR brief where you should give a summary of your position. You should not provide a detailed argument of why the Referee was wrong in his/her decision because you will do that later in your argument section. You should just include a brief summary of your argument. You could state something like, “I should be eligible for benefits because of A, B and C.”
Outline of Facts
This is the part in the UCBR brief where you should give a brief recitation of the facts surrounding your case. This is where you will want to refer to the transcripts from your Referee hearing. It is important to remember that you can only use information from the transcripts of your Referee hearing. Therefore, when listing all of the facts of your case, you can only refer to the transcripts.
This is the part in the UCBR brief where you should list all of the issues of your unemployment appeal. For example, if the issue under appeal is whether you were terminated for willful misconduct under 402(e) of the Law, you should state that is the issue of your appeal.
This is the part in the UCBR brief where you should list all of your arguments as to why you should be eligible for UC Benefits. You should cite to the transcripts in support of your argument. You should also cite to case law to support your argument. This is the section where you make your case. This is where you should prove why you should receive UC Benefits.
This is the part in the UCBR brief where you wrap up your brief and ask that the Board grant you UC Benefits.
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.
Once you have your UCBR brief put together, you must submit it by the deadline. When you received your transcripts, the UCBR would have given you a deadline to file your UCBR brief. The UCBR brief can be confusing so you may want to consult an attorney before beginning this endeavor.