![]() Don’t rely too heavily on hearsay evidence, if it can be avoided. A lack of preparation by the employer can readily be perceived by the judge, leading to situations where an employee essentially wins by default.Ģ. However, if the employer really does want to win the unemployment hearing, it is well advised to do a thorough investigation and to spend serious time preparing both witnesses and documentation for the hearing. But for employers, the monetary incentive is less significant and there is a strong temptation to avoid pulling employees off more valuable duties to prepare for and participate in a telephone hearing. This is seldom a problem for the unemployed worker, who now has time on their hands and a very strong incentive to win. ![]() The following list of “DO’s” and “DON’Ts” represents a summary of these observations and can increase your chances of winning your unemployment appeal hearing.ġ. Most often, these hearings revolve around one of two issues: 1) whether the employee was terminated for “employment misconduct ” or 2) whether the employee quit for a “good reason caused by the employer.”Īfter representing numerous employees and employers in this process over the past several years, I have reached the point where I can make a number of observations about what works and what doesn’t work in these unusual proceedings. The result, at least based on anecdotal observations among employment lawyers, has been an uptick in the number of contested telephone unemployment appeal hearings. ![]() At the same time, economic pressure has compelled employers to appeal former employees’ applications for unemployment benefits at an ever-higher rate. Given the current unemployment rate in Minnesota, more and more unemployed individuals are seeking benefits from the state’s unemployment insurance system. Pass up the opportunity to give a closing statement Try to introduce testimony from character witnessesīe aware of the “single incident” doctrine Show appropriate deference to the unemployment judge Send the judge a long written narrative of your case before the hearing Make sure that you give the unemployment department an accurate, reliable telephone number While nothing is guaranteed, understanding the do’s and don’ts of these cases will prepare you to approach your court date with confidence and increase your chances of winning. Learning how to win your unemployment appeal hearing is not an exact science.
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