Winning An Unemployment Hearing: Avoid These 4 Common Employer Mistakes

Jamie Darder • 30 March 2023

Employer Missteps That Can Cost You an Unemployment Hearing


The unemployment compensation program offers employees who lose their jobs through no fault of their own the opportunity to claim UI benefits for a limited period. This program helps them cope with financial difficulties while they search for another job. Employers need to protest and contest claims filed by employees who were separated for reasons within their control to ensure their unemployment tax rate remains as low as possible. An unemployment hearing can be a challenging experience for employers, involving a former employee who may fabricate stories and an unemployment hearing officer who may seem biased towards the claimant.


Unemployment is a pressing issue that requires employers to avoid making common mistakes that can result in an unfavorable decision from an unemployment hearing, even in cases that appear to be open and shut. Here are four common employers employers make that can lead to an unfavorable outcome in an unemployment hearing.



Providing Weak Testimony

This is the most common error that employers make. It is crucial to have witnesses with firsthand knowledge of the events that led to the employee’s separation. Sometimes, employers may send a human resources representative to the hearing because they discharged the employee or conducted an investigation into the matter. However, unless they witnessed the incident or the employee admitted their guilt to them, their testimony will be considered hearsay. In such cases, the employee's testimony will carry more weight in the hearing officer’s decision.

For instance, let’s say your employee worked as a security guard on the night shift in a hospital. One night, his supervisor found him sleeping on duty, which is against company policy. Charlie was fired, and he filed a claim for unemployment benefits. The employer protested with a detailed account of the incident, including a written statement from the site supervisor. The employee denies sleeping on the job during the hearing and is usually found eligible for benefits as the site supervisor is not present to provide firsthand testimony.



Omitting Relevant Details

Employers sometimes answer only the questions asked without providing much detail during the hearing. However, providing specific details about what happened is critical to winning the case. Unemployment hearing officers prefer specifics and firsthand testimony. Therefore, employers should provide important details to fully describe what occurred, including the time, place, and nature of the incident.



Disorganized Testimony

Employers must present their testimony in a coherent and organized manner. The hearing officer may not have reviewed the information in the state’s file and may be starting with a de novo hearing. The employer must provide specific dates of incidents and warnings for the hearing officer to make an informed decision.



Failing to Prepare Adequately

Employers who do not prepare adequately for an unemployment hearing are setting themselves up for failure. Employers should gather all relevant evidence and documents, prepare their witnesses and ensure they have firsthand knowledge of the events, and rehearse their testimony. Adequate preparation can help the employer present a clear and coherent case that is likely to result in a favorable outcome.



In conclusion, the unemployment insurance program is essential for employees who lose their jobs through no fault of their own. However, employers must be proactive in contesting claims filed by employees who were separated for reasons within their control. By avoiding common mistakes, such as weak testimony, omission of relevant details, disorganized testimony, and inadequate preparation, employers can increase their chances of winning an unemployment hearing. Working with a third party administrator like Unemployment Tracker can help you throughout the entire hearing process for a favorable outcome. Unemployment Tracker has helped clients win 92.6% of all claims hearings and 98.7% of protests.

Rising Trend Of Identity Fraud in Unemployment Claims: How To Protect Yourself

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The occurrence of Unemployment Identity Fraud is increasing rapidly . This type of fraud involves the use of someone else’s personal information by criminals to unlawfully receive unemployment benefits. This fraudulent activity is often referred to as “Claim Hijacking” or “Claim/Account Takeover,” where the fraudsters use stolen information to log into the victim’s unemployment account and steal their rightful benefits. Individuals who are victims of unemployment identity fraud may only become aware of the situation when they receive unexpected mail, such as a notice from a state unemployment agency or a state-issued 1099-G tax form, which reports unemployment benefits that they never requested or received. In some cases, those who have filed for unemployment benefits may realize that they have fallen victim to “Claim Hijacking” or “Claim/Account Takeover” when they suddenly stop receiving their payments, and they notice that the bank account or address information on their unemployment claim has been altered without their consent.

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Understanding Why Unemployment Benefits Are Denied: Common Reasons Explained

by Jamie Darder • 30 March 2023
What is unemployment insurance? Unemployment insurance provides financial assistance to individuals who lose their jobs through no fault of their own. In accordance with federal guidelines, every state offers unemployment insurance benefits to eligible individuals. However, not all unemployed individuals qualify for these benefits. It is the responsibility of the employer to inform the state whether or not an unemployment insurance claim is warranted. What qualifies a terminated employee to receive unemployment insurance? Employers pay into the federal and state unemployment insurance funds, which are used to provide financial support to eligible individuals requesting the unemployment insurance benefit. Eligibility for UI benefits can be established in several ways, such as in cases of company reorganization, job redundancy, or seasonal or temporary employment contracts ending. If an employer reduces an employee's hours or a temporary layoff is caused by a natural disaster, the employee may also qualify for UI benefits. What disqualifies terminated employee? Nonetheless, some individuals may not be eligible for unemployment insurance. For example, the length of an individual's employment with a company and their earnings during that time can disqualify them. Additionally, non-W2 employees, such as contractors or freelancers, are not eligible for UI benefits through the employers they have serviced. When an individual applies for UI benefits, the state agency reviews their application and may automatically deny benefits based on the individual's employment history, earnings, and type of employment. There are also cases where individuals may not qualify for UI benefits, such as voluntarily leaving their job or being terminated due to misconduct. In such cases, employers need to address state claims requests that they believe do not qualify for UI benefits. Employers must recognize that UI claims are not just "the cost of doing business." An employer's UI tax rate is the only tax rate that can be controlled by responding to state claims. Over time, the payout of UI claims to former employees can raise an employer's UI tax rate, which can affect the businesses bottom line. Thus, effective claims management is critical. A team of UI claims management specialists can help employers stay compliant with state nuances, protect their bottom line, and focus on their present employees.
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