Q: If I disagree with a decision of the division, can I appeal?
A: Yes. Practically every action of the division affecting an employer or a worker may be appealed for review by an impartial referee or hearing officer.
Appeals from benefit determinations may be made by either the employer or the claimant and are heard by an Appeals Branch referee. Be sure to include the social security number and/or the employer number of the claimant when sending documentation. If either party is dissatisfied with the decision of the referee, a further appeal may be filed with the Unemployment Insurance Commission, and, thereafter, through the courts.
Below is a summary of the steps in the appeals process. Please pay particular attention to the number of days specified for each type of appeal- Filing your appeal on time is essential for protecting your appeal rights. Remember that appeals from claims must be filed from the very first notice you receive.
YOUR RIGHTS OF PROTEST AND APPEAL
Employer’s Notice of Initial claim
(UI-412A) *Return within 10 days of mailing date
Notice of Potential Benefit Charges
(UI-412) *Return within 15 days of mailing date
Notice of Adjusted Determination (UI-492) Appeal to Referee *File within 15 days of mailing date of determination
Referee’s Decision Appeal to UI Commission: send letter stating intent to appeal *File within 15 days of mailing date of Referee Decision
Commission Order Appeal to Circuit Court: in county where claimant was employed *File within 20 days of mailing date of UI Commission Order
Q: How do I file an appeal?
A: The party filing the appeal must do so within the number of days specified on the Appeals Rights Chart (see previous page) from the mailing date of the decision being appealed. Appeals must be made in writing. A letter to the appropriate local office, to the Appeals Branch or to the UI Commission stating the intent to appeal is sufficient. Appeals may be addressed as below:
275 E. Main St. 2EB
Frankfort, KY 40621
275 E. Main St.2WF
Frankfort, KY 40621
The appealing party may withdraw an appeal by informing the Appeals Branch or UI Commission, in writing.
Importance of the Hearing
The referee will decide the appeal solely on the documents submitted prior to the hearing and the testimony during the hearing. A recording of the proceeding will be kept by the Appeals Branch (or UI Commission) for future proceedings. Therefore, you should be fully prepared to present your case at the hearing.
The hearing will be informal but it is in your best interest to present all your evidence at the hearing in an orderly manner.
Be on time, as the referee has other cases to hear, and a delay may cause your case to be rescheduled or dismissed. Continuances are rarely granted but will be granted only in cases of emergency.
Q: Who should attend the hearing?
A: The employer and the claimant should attend the hearing. Most hearings are scheduled via teleconference. Any witness who testifies on behalf of the claimant or employer should have personal knowledge of the events in question.
If a hearing is scheduled by teleconference, and you have any documents or written materials which you want the referee to consider in this hearing, send them immediately to the referee at the address on the "Notice of Hearing." You must also send a copy of these documents to the other party. Failure to send a copy to the other party could result in the documents not being accepted for the hearing. Be sure to keep a copy of these documents for your own use at the hearing. Be sure to include the social security number and/or the employer number of the claimant when sending documentation.
The claimant and the employer may be represented by attorneys or other individuals of their own choosing, but this is not required. The referee will assist both parties at all times to bring out facts that will be helpful in properly presenting their cases.
Q: What information should I give at the hearing?
A: The claimant or employer should bring all reports and records that might prove his case, such as records of absences, doctor's statements, information concerning pay rate, previous warnings, etc. Witnesses should be prepared to answer all questions. Subpoenas for witnesses or records may be issued prior to the hearings, if necessary. Requests for subpoenas must be sworn statements setting forth the name and address of the party to be subpoenaed, the information the party may present at the hearing, and the need for the information.
Your Rights at the Hearing
Each party has these rights:
To testify in his own behalf.
To be represented by an individual of his own choosing.
To present documents and records regarding the case.
To have his own witnesses testify.
To question opposing parties and witnesses.
To explain or rebut evidence against him.
To make a statement at the end of the hearing as to how the evidence and the law supports his position.
Conduct of Hearing
The referee has the sole authority for the conduct of the hearing and will swear in all parties and witnesses before they begin to give testimony.
In conducting the hearing, the appeals referee will:
Explain the issues and the meaning of terms the parties do not understand.
Explain the order in which persons will testify. (As a general rule, in voluntary quit cases the claimant testifies first. When the case concerns the discharge of a claimant or a labor dispute, the employer generally testifies first.)
Assist parties in asking questions of other witnesses.
Question parties and witnesses to obtain necessary facts.
Determine on his own motion or the request of a party whether testimony and documents being offered should be received and considered.
Require parties to give a proper background or foundation for secondary evidence, documents and opinion testimony.
Following the close of the hearing, the referee is not allowed to discuss any matter with either party. The decision is based solely on information presented at the hearing.
The decision will be mailed to the parties promptly. The decision will set forth the facts found from the evidence presented, the reasons for the decision and the decision itself. If you appeal a benefit determination, you will receive a referee decision.
If you appeal a referee decision on a benefit issue to the UI Commission, the Commission will decide the case based upon the record of the hearing before the Appeals Referee.
If you appeal a tax related determination, or if you appeal a referee decision to the UI Commission, you will receive a Commission Order.
As a claimant or an employer, you need to understand your rights and responsibilities. We will be happy to provide you with a copy of the Unemployment Insurance Laws and Regulations.