Unemployment Appeal Attorney

Unemployment benefits are paid to eligible workers who:

Have sufficient wages during the base period

Are unemployed through no fault of their own

Are able to work full-time

Are available for and actively seeking full-time work

Claimants can receive up to $12,454.00 in unemployment benefits in Utah.

Your claim is normally effective the Sunday of the week you file an application for unemployment benefits, provided you did not work full-time or have earnings equal to or in excess of your weekly benefit amount during that week.

If you are denied benefits, you will receive a written decision giving the dates of and reason for the denial. Read it carefully. It will include instructions for filing a timely appeal. Failure to file a timely appeal may prevent you from having the original decision changed. You may be denied benefits if you:

Quit without cause or were discharged from your job for cause;

Are unemployed due to a strike;

Are not able or available for and actively seeking full-time work;

Refuse or fail to apply for suitable work;

Have earnings equal to or more than your weekly benefit amount (this includes wages, vacation, holiday or separation pay); or

Are self-employed or working on a commission basis.

This list does not include all the reasons for which benefits may be denied.

Your appeal must be submitted in writing and should state the reason(s) you believe the decision is incorrect. The easiest method to file an appeal is online at https://jobs.utah.gov/appeals/ui/filing.html. However, you can also fax your appeal to 801-526-9242, or mail your appeal to Appeals Unit, P.O. Box 45244, Salt Lake City, UT 84145-0244.

Yes. As long as you are unemployed, willing and able to work, and are actively seeking work, you should continue to file your weekly claims. If you ultimately win your appeal, you will be entitle to back compensation for the weeks that you filed.

After you file an appeal, your case will be scheduled for an evidentiary hearing before an Administrative Law Judge. Your appeal hearing will be scheduled to take place by telephone. Once a hearing is scheduled, the Utah Department of Workforce Services will send you a “Notice of Unemployment Appeal Telephone Hearing”, which will indicate the date and time of your hearing, the issues that will be addressed during your hearing, as well as the name and contact information of the hearing official assigned to preside over your case. After receiving the Notice, you must call the Utah Dept. of Workforce Services, Appeals Unit at 801-526-9300 or 877-800-0671 as soon as possible to provide a telephone number where you can be contacted for the hearing.

Make sure you continue to file for unemployment benefits each week during the appeal process. Otherwise, you may not be paid for the weeks you are unemployed even if the appeal is decided in your favor.

The only difference between a telephonic hearing and a face-to-face hearing is that it takes place via a conference call between the judge and all the other parties involved, including your attorney. Otherwise, it is essentially the same. While telephone hearings are a convenient and seemingly informal way of conducting hearings, they are nevertheless serious. The entire proceeding will be recorded. All witnesses must swear under oath to tell the truth. Parties testify and present evidence, cross examine witnesses and make closing arguments.

The hearing before the judge is your chance to present everything related to the issue(s) being appealed. A record of the hearing will be made, and the judge may consider only the evidence discussed at this hearing.

To prepare for your appeal hearing we will ask you to gather any documents and other evidence supporting your appeal, such as pictures, recordings, text messages, doctor notes, etc., and to identify any witnesses that may support your claim. The judge can only consider evidence that is in the record, so it is critical that we work with you to identify and organize any evidence supporting your claim.

In the days before the hearing, we will meet with you and your witnesses, either in-person or over the phone, to discuss the case and prepare your testimony. Preparing witnesses to testify is one of the most crucial actions we take to fight for your benefits. Simply stating that the Department’s action is unfair is a conclusion and not very helpful at the hearing. We must develop the who, what, when, where, and why of your case and to craft a cohesive defense for your claim.

Prior to the hearing we will disclose all documentary and other evidence to the judge and the other parties involved in the case and provide a list of our intended witnesses, as required, to ensure that we will be able to present all the evidence in our arsenal. We will also disclose a summary of our evidence to the judge and other parties to make our case more persuasive and easy to understand.

Essential witnesses refusing to participate in the hearing or provide essential documents may be ordered to do so by subpoena. A subpoena is a paper signed by the judge which orders the person to participate in the hearing and/or provide records. You must ask the judge to issue a subpoena at least three days prior to the day of the hearing. You must provide the mailing address of the person you want to subpoena.

An impartial administrative law judge will preside over the hearing. The judge will begin the hearing by explaining the procedures of the hearing, the issues to be considered during the hearing and the order of testimony. In attendance at the hearing will usually be the claimant and representatives of the employer and the Utah Department of Workforce Services.

The judge will then have the Department’s representative testify regarding the reason for denying benefits. The judge will ask questions about the denial. The judge will then allow the claimant’s attorney to cross-examine the representatives of the Department and the employer.

Next, the claimant will testify and his/her attorney will present other evidence supporting the appeal. The judge may ask additional questions to gather all relevant information concerning the claimant’s circumstances.

Next, the judge will allow the representatives of the Department and the employer to cross-examine the claimant. Your attorney will protect you during the cross-examination phase of the hearing.

Each party will then have an opportunity to make a closing argument, whereby they can summarize the evidence, cite relevant points of law, and offer arguments as to why they should prevail.

Hearings often last an hour or more.

Following your hearing, the judge will issue a written decision based solely on the evidence presented at the hearing. This decision will address the issue(s) described in the Notice of Hearing. In addition, the decision will list findings of fact and conclusion of law.

Often employers will hire an attorney to represent their interests at unemployment hearings. However, in most instances, you will not know whether an employer is represented by an attorney until the time of the hearing. Even in those instances where an employer has not hired an attorney, it is likely that the employer will be represented by an experienced human resources specialist who has participated in numerous unemployment hearings.

If you change your telephone number before the hearing, you need to notify your attorney or call the Utah Dept. of Workforce Services, Appeals Unit at 801-526-9300 or 877-800-0671 as soon as possible to provide your new telephone numbert

Your employer also has the right to appeal a decision allowing benefits. You will be notified of any appeal related to your benefits in the same manner as when you file an appeal, so you can participate in that appeal hearing. If your employer files an appeal, we can represent you at that appeal hearing as well.

Yes, denial of your appeal may be appealed first to the Workforce Appeals Board and further to the Utah Court of Appeals if the Board affirms the denial. The Workforce Appeals Board is made up of individuals appointed by the governor who sit in three-person panels to determine whether the decision of the judge is correct. The Board will review the recording of the unemployment appeal hearing, together with the documents and other evidence presented. The Board may affirm, reverse or modify the judge’s decision. The Board may also send the case back to the judge for further proceedings if the record is inadequate. If a claimant is unsatisfied with the Board’s decision, the case can be further appealed to the Utah Court of Appeals.