Questions to Ask During an Unemployment Appeal

• An unemployment appeal is a way for you to challenge your former employer's refusal to pay your unemployment benefits. The exact unemployment appeals process varies by state, but you typically must file your appeal within a specified period of time and follow all steps to obtain a hearing and determine the outcome of your case.

What documents do I need?

• You may need specific documents to prove your case, like medical records if your denial of unemployment benefits is based on a termination because you were seriously ill. The appeals division of your state unemployment may have standards for documents you need, such as requirements for the contents of medical statements from your physician. Asking the appeals division representatives about what your appeals evidence must contain prevents delays or the exclusion of unacceptable evidence types from your case.

Can I have my employment records?

• You are generally entitled to receive your personnel records from your former employer if you are appealing an unemployment denial under state laws. However, the process to obtain the records varies by state, and you are typically required to serve a formal notice on the employer to get copies. If you cannot get your records from your employer even after following state procedures, the appeals division should be able to assist you.

May I bring witnesses?

• Witness who were directly or indirectly related to your termination and denial of benefits are permitted to testify in your appeal hearing in most states. If you believe a witness with vital information will not voluntarily appear in court, you can request the appeals division subpoena the person in accordance with your state laws. However, you must notify the appeals division before your hearing and comply with any instructions you are given.

What hearings must I attend?

• The unemployment appeals division should notify you or give you a list of all hearings you are required to attend. You may request the court policy for requesting a reschedule of a hearing you cannot make due to an emergency. Failing to attend a required hearing without notifying the court beforehand may result in your appeal being dismissed.