Do you have an upcoming unemployment hearing?
Sedgwick is here for you!

Sedgwick unemployment hearing consultant Pam Aulby recently stated, “I have supported customers with thousands of hearings, and no two hearings are the same. Unfortunately, a one-size-fits-all approach is simply not possible.” Whether you are already using Sedgwick as your unemployment provider, or managing the process on your own, these basics can give you a solid place to start:

A hearing is the last opportunity the employer will have to present its case. Testimony is under oath and the process is conducted by an Administrative Law Judge who is responsible for developing a full and fair record. The ALJ will assess witness credibility and will issue a written decision.

• What is the potential liability for this unemployment claim? A very low liability may not warrant the time and effort associated with a hearing, while a high liability may warrant some extra attention.
• What issues are listed on the hearing notice? Pay attention to the issues that will be discussed at hearing. The most common issues are the reason for separation and the timeliness of responses to documents. However, there are other issues that are only between the state agency and the claimant, and the employer’s presence is not necessary.
• What information should you have available for a separation issue?
  • Prepare an outline of the events that led to the separation.
  • Have the claimant's hire date, last day of work and rate of pay available.
  • Having the necessary documentation can greatly strengthen your case. Examples include: witness statements, prior warnings, termination documents, company policies, acknowledgment of those policies, and resignation letters.
  • Make sure to read the instructions on the hearing notice to ensure all documents are sent both to the hearing officer and the claimant prior to the hearing.
• Who is the first-hand witness? First-hand testimony is vital to a strong case. A first-hand witness is someone who directly observed the actions that led to the claimant’s separation. In many cases, especially those involving a discharge, the absence of a first-hand witness could result in an unfavorable outcome.
• What are some tips for testifying at a hearing? Answer the question asked. Whenever possible, answer with just yes or no, without volunteering additional information. Be courteous, factual, and dispassionate. Do not interrupt – you will be given a chance to offer a rebuttal.

Our Sedgwick experts are available to support you! Please contact our unemployment team to learn about other best practices to mitigate unemployment cost. unemployment@sedgwick.com

Sedgwick hearing consultants review notices of hearing and hearing files to identify needed documentation. Consultants identify and prepare witnesses, ensure documentation is provided to the state agency and the claimant by state-mandated deadlines. In addition, Hearing Consultants are available to provide hearing representation, which includes: presenting witness testimony, cross-examining claimants and witnesses, raising objections, submitting evidence, redirecting witness rebuttals, and making the closing argument.