THE HEARING

When you receive your Notice of Hearing in the mail, please mark the date, time and place of the hearing. If you are not able to attend the hearing, make sure you notify the referee’s office in the manner and time explained in the Notice of Hearing. You should have a valid reason and whether or not you can participate by telephone. Be sure to include the phone number where you can be reached at the time of the hearing, not your home phone number, if you request a phone hearing. If you are not able to provide a valid reason that the referee will accept, the postponement will not be granted. A valid reason could be that you are working; however, you should be able to be reached via phone. One referee held the hearing even though a notice was faxed on the morning of the hearing that the claimant was in the hospital! Obviously, a further appeal was requested and it was remanded to the referee and another hearing was held. Even so, if you cannot attend for some reason, notify the referee’s office as soon as possible. That’s ASAP! Just as I said you should file an appeal if you are denied benefits, request a continuance of the hearing, if it is necessary.

Continue filing your biweekly claims for unemployment compensation benefits. If you win the appeal, you will be paid for all those weeks for which you filed. If you do not file, you will not be paid!

Get it set in your mind to arrive at the location of the hearing at least 15 minutes before the start of the hearing. The main reason for doing this is to give you a chance to review the files and see what the employer has provided. Make notes of information the employer has provided and your answers to it. This is necessary in case the referee refuses to allow you to use the ’hearsay’ rule. (We will get to that shortly.) Another reason to make it a point to arrive at the location of the hearing at least 15 minutes in advance is so that you will be on time for the hearing. The referee does not have to wait five or ten minutes to see if you show up for the hearing, although many do. Showing up late also casts a bad light on you. These 15 minutes, besides the reason mentioned above of reviewing the files, also allows for traffic jams, confusion as to the exact location of the hearing or any other reason. GET TO THE HEARING AT LEAST 15 MINUTES EARLY!

When you are called into the hearing room, you will take seats on either side of the referee. Be calm and try to stay relaxed. Keep any hatred you have for the employer or the employer’s witnesses outside the hearing room. You will be sworn in and the referee will review the records submitted by the employer, you and/or the unemployment office.

End of excerpt

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