Monday, November 2, 2009


If you are denied benefits and you request a hearing, or if you are granted benefits and your employer requests a hearing, the hearing is before an administrative law judge, usually a lawyer trained in unemployment insurance law. This is from the FAQ of the Department of Labor website:
"The hearing is recorded on an audio cassette tape. The judge will begin by identifying all the parties and the issues and will explain how the hearing will proceed. Testimony is taken under oath or affirmation. The judge will ask you and the other party questions. You will be allowed to ask questions of all other witnesses. If there is a lawyer or representative for any party, that person would be allowed to ask questions. Any witnesses, documents or other evidence that supports your case should be brought to the hearing. If you need more time to get witnesses or documents, let the judge know this and explain why it is needed. If you cannot get the evidence you need, ask for a subpoena (see below). The judge considers only the evidence at the hearing that is accepted into the record. You have the right to see and talk about any document that the judge will consider. At the end of the hearing all parties can give closing statements. PROPER BEHAVIOR IS EXPECTED FROM EVERYONE WHO ATTENDS A HEARING. Violence, threats or insults will not be tolerated."

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