Employer Right to Appeal

As an employer, you may have an honest difference of opinion with the department regarding your status under the law, the amount of taxes, interest and/or penalties due, or benefit charges to your account.

As an interested party to a benefit claim, you may likewise disagree with the department's action in allowing benefits to a former employee.

You can expect the department to furnish you with a written decision. You may appeal this decision within 30 days after the decision was mailed or delivered, whichever is earlier.

When an individual becomes unemployed due to lack of work, a written decision is not necessary to allow benefits. As a former employer, however, you may request a written decision if you provide information that indicates benefits should not be paid.

Your appeal must be made in writing. You may file your appeal by mail, by fax, or in person with any department office or representative. Appeals filed by mail are considered filed on the postmarked date. The

The Office of Administrative Hearings, a separate state agency, conducts independent hearings for various state agencies, including the Employment Security Department. They will advise you of the time and place for the hearings.

Since testimony is taken under oath, you or a representative with firsthand knowledge of the case should attend the hearing. The majority of hearings are conducted by telephone.

If you disagree with the decision reached by the Office of Administrative Hearings, you may appeal to the Commissioner of Employment Security by submitting a letter within the same time limitation as your initial appeal (30 days from the mailing or delivery date of the decision).

The Commissioner's decision is bound by the record established at the original hearing, plus any additional evidence the Commissioner may order. Following the Commissioner's decision, further appeal to the Superior Court may be filed within 30 days. If you appeal your case to Superior Court, you are responsible for all court costs and attorney's fees.

Remember, your former employee may also file an appeal on a department decision denying unemployment benefits. Should this happen, you will be notified of the time and place for the hearing.