How to Prepare for an Unemployment Hearing

Filing for unemployment can leave you feeling like you’ve been raked over the coals. But when you are approved for benefits, it is all worthwhile. It’s not always over when you get approved, though. Your former employer has the right to contest your claim, and if he exercises that right, you’ll have to attend a hearing to prove that you are eligible to receive benefits.

The very thought of an unemployment hearing is intimidating. What chance does a former employee have against a company that has been through all of this before? Actually, if he was honest when filing for unemployment and was not terminated for cause, there’s a good chance that he will win.

The key to winning an unemployment hearing is being prepared. Here are five things you can do to make sure you’re ready for such an important event.

1. Consider working with a lawyer. If you can’t afford one, your state’s Legal Aid office may be able to set you up with one. Having an attorney who is knowledgeable about employment law will give you a better chance of keeping your benefits.

2. Write to the company and request a copy of your personnel records. Send your request by certified mail, with a return receipt requested. If the company sends the documentation, it may be used in your defense. If they refuse to send it or do not do so in a timely manner, that’s a strike against them in the eyes of the judge.

3. Write down a statement of the facts of your case as you understand them. The judge may wish to see this statement. Even if he doesn’t, bringing it to court can help you remember key arguments and prevent misstatements.

4. Ask witnesses who can legitimately back up your story to testify. Getting former co-workers to testify can be difficult, because they may fear losing their own jobs. But if you can convince them to do so, it could add credibility to your case.

5. Prepare questions to ask your former employer, or help your attorney prepare them. Asking the right questions will put your ex-boss on the defensive, forcing him to admit to errors or wrongdoing.

Unemployment hearings may be held in person or over the phone. Either way, it’s important to be punctual and act in a professional manner. If the hearing is in person, be sure to dress appropriately.

Some individuals assume that a hearing will be the end of their unemployment benefits. But that’s not always the case. Even if you fear that you will lose, it’s important to attend the hearing and present your case. If you don’t, you’ll not only lose your benefits now, you could be barred from receiving them for several years.