Defending Your Rights: Appealing an Adverse Unemployment Compensation Decision

Receiving an adverse unemployment compensation decision can be devastating. If you are an employee who has lost your job and your unemployment compensation, you can lose the ability to support yourself and your family. If you are an employer whose employee has been granted unemployment benefits even though they quit for reasons not related to your actions or were terminated for misconduct, your business can be adversely affected. It is therefore important for both employers and employees to understand: (a) the key steps in filing an appeal, (b) what is involved in the appeal hearing and (c) how to determine if it is necessary for you to hire an attorney to represent your interests at the appeal hearing. 

How to File an Appeal of an Adverse Unemployment Compensation Decision 

If you do not agree with the decision on employment compensation made by New Hampshire Employment Security (NHES), you can file an appeal which is a request to overturn the adverse decision. There is no cost for this appeal and it must be filed within 14 days of receipt of the original decision. Included in the request should be your name or the name of the business involved, the last 4 digits of your social security number, your physical address, your email address and a copy of the original “determining order.” Also included should be a statement of the reasons for your disagreement with the determination along with a list of days and times when you would be unavailable to appear at a hearing. 

 

When to Hire an Attorney to Represent You in Appealing an Adverse Unemployment Compensation Decision 


If you live in the Manchester New Hampshire area and your unemployment case is complex, you may benefit by hiring an attorney specializing in business transaction law manchester nh. Carefully check out the attorney’s credentials, experience and record of winning appeals of adverse unemployment compensation decisions before retaining them to handle your case. Your attorney can make all the difference between winning and losing.

The Adverse Unemployment Compensation Decision Appeal Hearing 

After the appeal has been filed, an administrative hearing will be scheduled before an Appeal Tribunal consisting of a hearing officer who is designated as the “Appeal Tribunal Chairman.” The Appeal Tribunal Chairman will examine all the evidence and testimony presented to make a decision based on applicable state law and state administrative rules. The hearing is conducted under oath and is recorded in case of an appeal to a higher court. Any new information or evidence can be admitted at the time of the appeal hearing. A written decision is usually mailed to all respondents within 7 to 14 days after the hearing. If a decision is made to appeal this new decision to the next level of appeal, a request must be made within 14 days to reopen the case with the employment commission. If this additional appeal request is not filed, the Appeal Tribunal’s decision becomes final. 

 

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