Obtaining a decision

Decisions are not usually obtained immediately after the hearing. You will probably be notified by mail (sometimes two to four weeks later). Be sure to continue filing for benefits while waiting for the decision. Many people forget to do this and lose valuable benefits.

Should You Appeal?

If you are notified that you have lost the decision, read the notice carefully. Most judges and hearing examiners give specific, lengthy reasons for their rulings. If you feel the ruling was incorrect or disagree with the judge's opinion, you may want to file an appeal and have the case reconsidered. However, it is best to speak with an experienced employment lawyer to get an opinion before doing so. You may discover that your chances of success with an appeal are not as good as you think. Appeals are not granted automatically as a matter of right in many states. If the judges on the Appeals Board believe that the hearing judge's decision was correct factually or as a matter of law, the decision will go undisturbed.

Tip: The odds of winning an appeal are not in your favor if you lose at the initial hearing. The amount of time needed to review the transcript or tape of the proceedings, prepare an appeal brief, and reargue the case often makes it expensive and time-consuming. Depending on the particular facts of your case, appealing the hearing may not be worth it. However, if new material facts come to light, if relevant witnesses are willing to come forward and testify at an appeal hearing, or if the success of another case (such as a discrimination lawsuit that was previously filed) depends on a successful outcome of the unemployment matter, this could make a difference.

Typically, you have only a specified period of time (say 30 days) to file the appeal, so do this timely to avoid having the appeal dismissed due to a technical error.

Tip: Speak to an employment lawyer if you have already received benefits and now are being asked to return the money because you lost the hearing. In some states, the failure to return benefits is a crime and you can be prosecuted. The author has structured settlements for many clients with a small payout over time (and often no interest charges imposed) to diminish the burden of having to pay all the money back immediately. Women out of work with insufficient funds can do this with a lawyer's assistance, so inquire about this where appropriate.