Zenmul
If either side appeals the first decision on a claim, the state schedules a hearing. Many are held by telephone. For most employers, this is the last real chance to present evidence, so it is worth treating seriously even when it feels like a short phone call.
Read the hearing notice first
The notice tells you the issue the hearing officer will decide, the date and time, how to join, and the deadline for sending documents. Some states require you to register or confirm a phone number in advance. If the party who filed the appeal does not appear on time, the appeal can be dismissed.
Send documents before the deadline
Hearing officers generally will not consider evidence they cannot see. Send your documents to the appeals office, and to the other party if the notice says so, before the deadline. Typical documents include:
- Written warnings and disciplinary records
- The policy that was broken, and the employee's signed acknowledgement of it
- A resignation message, if the person quit
- Attendance records or other records with dates
Bring people who saw it
Firsthand testimony carries the most weight. A manager who says "the supervisor told me what happened" is repeating what someone else saw. States treat that kind of secondhand account differently: some give it little weight, some limit it. Either way, the person who saw the final incident is the strongest witness. If a witness will not come voluntarily, most states let you request a subpoena before the hearing.
Know what you need to show
In discharge cases, many states put the burden on the employer to prove misconduct. In quit cases, the person who quit generally has to show good cause. Know which one applies before the call, and keep your answers on that point.
On the day
- Join a few minutes early, from a quiet place with a reliable phone.
- Have every document in front of you, in date order.
- Answer the question asked, with dates, and stop.
- Stay calm and courteous, even if you disagree with what you hear.
Zenmul prepares a hearing prep sheet: the facts, the dates, the documents to point to and the questions to expect. You attend the hearing yourself. Zenmul does not attend hearings.
This article is general information, not legal advice. Hearing rules differ by state. For legal advice on a claim, speak to an employment lawyer.