Appealing Unemployment Decisions

By Community Legal Services

Employment Law Publication #12

Back to Top

If I am denied unemployment benefits, can I appeal?

Yes. You and your former employer can appeal an unemployment compensation determination. To appeal you have to send a written letter to the address specified on the determination notice. In your letter, be sure to include your name, your social Security number, and a brief description of why you want to appeal the determination. You must appeal within fifteen (15) days from the-date of the determination letter.

Back to Top

What happens if I appeal on time?

If you appeal on time, the unemployment office will schedule a hearing in front of an administrative law judge (ALJ). You will receive notice of the time and place of the hearing, usually one week or more before the hearing.

Back to Top

What if I don't appeal within the 15 days?

You will lose your right to challenge the determination, unless you have good cause to miss the deadline. Good cause is when you are prevented from appealing because of hospitalization, a family emergency, administrative error (like not mailing the notice to your address), or some other severe occasion. Simply forgetting to appeal is not good cause.

If you have good cause to miss the appeal deadline, then you should send in your appeal as soon as possible. You will first have a hearing to prove that you had good cause to miss the first deadline. If you are found to have good cause, then you will have a second hearing to determine whether you are entitled benefits.

Back to Top

What happens at a hearing?

A hearing is like a trial, only a little less formal. At the hearing, both you and your employer will have a chance to explain your side of the story. You can produce evidence and call witnesses, and you can cross-examine your employer's witnesses. If you make the request five or more days before the hearing, you can ask the administrative law judge to issue a subpoena that would either force your employer to supply you with copies of documents that you request, or force a witness to attend the hearing. If the ALJ denies your request for a subpoena, you should object at the hearing. Although the ALJ will not likely change his mind, this will allow you to appeal the issue later if you lose the hearing.

It is important to produce all of the evidence that you have at hearing. If you do not present the evidence at the hearing you will not be able to produce the evidence at a later date unless you can prove that you were unable to discover the evidence before the hearing.

Back to Top

Do I have to go to the hearing?

If you want to preserve your appeal, you will have to attend the hearing either in person or by telephone. If possible, you should try to attend the hearing in person because it is easier to make your argument in person. However, if you have to attend by telephone, you have to call in ten minutes before your scheduled hearing time. Then, the administrative law judge will call you back at the time of your hearing.

Back to Top

What if I disagree with the ALJ's Decision?

If you lose at the hearing level, you can appeal at the Unemployment Appeals Board. You must file your appeal within fifteen days of the date of the ALJ's decision. When you file the appeal, you should ask for the transcript and time to file an additional writing that will explain why the ALJ's decision was incorrect. You cannot introduce new evidence in the additional writing, but you can point to the file and the transcript to argue that the evidence clearly shows that you are entitled to benefits.

You will not get a new hearing. The Board will review the unemployment file, the hearing transcript, your appeal request, and supplemental writing to make its decision.

Back to Top

What if I disagree with the Appeal's Board?

If you disagree with the Board, you will have to petition Arizona Court of Appeals to review your case. The Court of Appeals does not accept every appeal, so there is a chance that they will refuse to hear your case, and then the Board's decision will stay in effect.

Back to Top

Revised August 2001