When preparing for the hearing, be certain that all your friendly witnesses (if any) will attend and testify on your behalf. If necessary, ask a representative from the unemployment office to issue a subpoena compelling the attendance of key disinterested witnesses (e.g., co-workers) who refuse to testify and voluntarily attend. If the unemployment representative has no power to do this, wait until the first day of the hearing. Explain to the judge or hearing examiner the necessity of compelling the appearance and testimony of key witnesses. The judge may grant your request depending on its relevance and reasonableness.

Organize the case the day before the hearing to maximize your chances of success. If you have a lawyer, meet with him or her to learn the correct way to testify and what you must prove to win benefits. Collect all evidence so it can be produced easily at the hearing. Practice what you will say. Prepare an outline of key points to be discussed and questions to ask each witness and employee of the ex-employer.

The hearing

Arrive early on the hearing date and advise a scheduling clerk of your appearance. Bring your evidence and come properly attired (preferably in business clothes). In some states you can review the entire contents of your file before the hearing; don't forget to ask for this if appropriate. When your case is called, all witnesses will be sworn in. Show the judge your evidence and never argue with the hearing examiner. Listen to the judge's or your lawyer's questions before answering. Avoid being emotional and arguing with your opponent at the hearing.

After the employer finishes testifying, you will have the opportunity to cross-examine the witnesses and refute what was said. If the employer is represented by an attorney and you feel intimidated because you are not represented by counsel, tell the judge you are not familiar with unemployment hearing procedures. Ask the judge to intercede on your behalf if you feel your opponent's attorney is treating you unfairly.