Tips for Making an Unemployment Hearing Bearable

You’ve sat down at your desk with your first cup of Monday morning coffee and before you’ve even taken your first sip, you open up that large envelope from the state Department of Labor. The pesky former employee who caused you more than their share of anguish the past few months has requested to have a hearing in their quest to get unemployment benefits.

If you’re like most people, the thought of having to participate in an unemployment hearing ranges from mild annoyance to pure anxiety. Not only do you have to listen to that former problem employee throw you and your company under the bus, but you also have to deal with a humorless hearings referee whom you are certain is out to make your life miserable.

While I would never tell you that you can turn participation in an unemployment insurance hearing into an enjoyable event, you can certainly make it less stressful.

Here are some simple unemployment hearing tips to ease the anxiety involved and improve your state of mind:

1. Get prepared.The single biggest mistake most people make is in their preparation. Procrastination is a big part of this, mainly because people dislike confrontation and an unemployment hearing is about confrontation. You need to start immediately to ensure you have the right people and evidence available.
2. Understand the issues.Most employers will create a laundry list of everything that the employee did wrong in their career with their organization. Much of the information is irrelevant to the primary issue, which is proving that they should be denied unemployment benefits.Remember, unemployment insurance is adjudicated by a completely different set of laws and regulations. You may have had a perfectly legal reason to fire that person, but it might not fit statutory misconduct required to disqualify the claimant.
3. Are you the right person to testify at the hearing?Part of your preparation should include determining who knows what about the reason why the claimant is no longer working for you. A common error is that people who have no firsthand information testify at the hearing. Unemployment insurance hearings will allow hearsay evidence, but testimony from individuals who actually witnessed the events will be given more weight.
4. Consider using help.An individual who is experienced in the hearing process can be a huge advantage. A hearing representative or attorney can look at the issues more objectively because they are not emotionally tied to the claimant. They understand how to cross-examine the claimant and create doubt in their version of the events. Remember, an unemployment claim could cost you thousands of dollars. The cost of an expert will pay for itself in a hurry.

Always keep in mind that an unemployment hearing is about credibility. Being prepared and understanding what purpose you are trying to achieve will help turn you into the expert witness that you truly are! Going in with a solid preparation strategy will increase your chances considerably.

As a provider of unemployment claims management services, UIS can help you develop and execute your strategy. Our experienced staff can handle all details of the hearing, such as securing appropriate witnesses and ensuring that administrative paperwork is correctly filed. Contact us today to learn more.