A predetermination fact-finding telephone interview is scheduled shortly after the claim is filed. The parties have 21 calendar days from the date of the Administrator’s decision to file an appeal with the Appeals Division. The appeal can be filed in person at any American Job Center or Appeals Division office, by fax, internet or U.S. mail.
The Appeals Division will assign a Referee and schedule a hearing for a future date. The hearings are typically held in Waterbury or Middletown and last approximately 1 hour. The most common issue argued at these hearings is if the claimant was discharged or suspended for wilful misconduct, and therefore, disqualified from unemployment benefits.
The parties should bring supporting documentation (three copies) and witnesses to the hearing. If the hearing is conducted by telephone, the parties should mail or fax their documents to the Appeals Division office and to the other party at the address listed on the hearing notice. Written statements by witnesses are permissible but carry little evidentiary weight because the witness is not available for cross-examination.
Don’t miss the hearing. It will likely be your only opportunity for a hearing to present evidence in support of your case. The Board of Review rarely conducts hearings.
There’s no specific time limit for the Referee to issue his/her decision but he/she must use “reasonable promptness” following the close of the hearing. In our experience, the decision is issued within 20 to 30 days after the hearing.
If the Referee awards benefits, then the claimant will receive payments even though a further appeal may be taken by the employer. If the Referee denies benefits and his/her decision becomes final, then the claimant must pay back benefits received to date. The decision is final on the 22nd day after the date on which a copy of the decision was mailed to the parties. Therefore, an aggrieved party has 21 days to appeal the Referee’s decision to the Board of Review.
The Interlandi Law Office frequently represents clients at Referee’s Hearings in Connecticut. We charge a flat fee for our services. For more information, please call us at 860-828-2166.