unemplogo.jpg (50480 bytes) The Division of Unemployment Insurance serves workers who are unemployed through no fault of their own by providing temporary income maintenance during their period of unemployment and making referrals to re-employment services.

The Division also serves employers by ensuring that only those unemployed individuals meeting all eligibility criteria receive UI benefits, thereby protecting future increases in employer tax rates and the solvency of Delaware’s UI Trust Fund.

APPEAL RIGHTS

THE APPEAL

If you do not agree with your monetary determination, or if you disagree with a determination that you are ineligible/disqualified for benefits, you may request a hearing before a referee. You may submit a request for a hearing in person or by writing to your local office. Requests for Appeals must be filed in person or be postmarked within 10 days of the date of the Notice of Determination.

Continue to file for benefits as long as you are unemployed!! During the course of your appeal you should continue filing each week and maintaining your eligibility for unemployment insurance benefits. See Protect Your Eligibility While Receiving Benefits. At any point during the process, if it is determined that you are eligible for benefits, you will receive benefits only for the weeks in which you filed and met all eligibility requirements, even if there is a further appeal.

SCHEDULING

A hearing is usually scheduled within a few weeks after an appeal is filed. All parties will receive a Notice of Hearing, including the time, date, location and issues to be covered in the hearing. The hearing site will be chosen by the Lower Authority Appeals Unit for the convenience of all parties.

If there is a scheduling problem with your hearing, requests must be made to the Lower Authority Appeals Unit at least 3 days prior to the hearing to be considered. Your former employer may also request a postponement if he or she has a scheduling problem.

If you submit your request for a postponement in writing, provide your complete name, address and telephone number, as well as your Social Security number. If possible, list some alternative dates convenient to you. Be sure to make a copy of the letter for your records.

Division of Unemployment Insurance

Lower Authority Appeals Unit

P.O. Box 9950

4425 North Market Street

Wilmington, Delaware 19809

Phone:(302)761-8418

Fax:(302)761-6635

 

PREPARING FOR THE HEARING

Prior to the hearing, you may wish to prepare notes of the facts involved in your case, such as the dates events took place, to refer to during the hearing. You should ask people who have personal knowledge of your case (not what someone told them) to appear as your witnesses. Signed statements generally cannot be used as evidence unless the people who signed them will be at the hearing to testify. Subpoenas may be issued if required. Contact the Lower Authority Appeals Unit at least 8 days before your hearing to request a subpoena.

If you have special needs, such as an interpreter, please contact the Lower Authority Appeals Unit at least 7 days before your hearing.

Make sure you have copies of any documents for yourself, the employer and the Referee adjudicating the case. Bring a note pad and pencil with you for taking notes during the hearing. The notes will help you when it's your turn to ask the witness(es) questions.

HOW THE HEARING WORKS

Although the hearing is not a trial, it is a formal proceeding. Its purpose is to find facts and resolve eligibility issues between an employer and a former employee. Witnesses are sworn in, questioned and cross examined by the Appeals Referee. Each side presents its version of the facts. The hearing is tape recorded and the recorded testimony is included with documents and other evidence as part of the formal record of your appeal.

The Referee will tell you your rights, explain how the hearing will progress and answer your questions. All parties will then be sworn in or affirmed.

The Referee will question the party having the burden of proof. Burden of proof is dictated by the issue. For example, if the issue is the "discharge" of the claimant, the employer has the burden of proof, but if the issue is the "quit" by the claimant, the claimant has the burden of proof. If you have the burden of proof, you will be questioned first. At the end of the questioning period, you will have the opportunity to explain any answer or offer additional information you feel is necessary.

After you finish your testimony, the employer will have the opportunity to ask you questions. When the Referee and the employer have no further questions for you, and you have no further information to add, you will call your witness(es), if you have any. You should be prepared to ask your witness(es) questions, because you are the only one who knows what information the Referee should hear from them. The Referee and the employer will also have the opportunity to question your witness(es).

After all of your evidence has been offered, the Referee will then question the employer. The employer will have the opportunity to explain answers or offer additional information. You will be able to cross examine the employer and any of his/her witnesses.

The Referee will close the hearing when all parties have provided all the information they wish to submit in the case.

AFTER THE HEARING

After the hearing, a Referee's Decision will be mailed to all parties involved. If there is still a disagreement, any party may appeal to the Unemployment Insurance Appeal Board. The appeal must be filed to the Board within 10 days of the mailing date on the Referee's decision. You must be specific as to your reasons for the appeal; cite specific issues. Filing procedures are the same as those for the Lower Authority Appeals Unit.

The Appeal Board makes the final administrative review of your appeal. The Board does not hold hearings on every appeal request. Most cases are settled based upon a review of the formal record of the Referee Hearing, the Referee's Decision and the pertinent law.

A decision made by the Appeal Board may be appealed to Superior Court The Appeal Board will advise you on how to file such an appeal at the time you receive its decision. If the final determination is that you are not entitled to benefits, you will be responsible to repay all benefits that you have received.