If you receive the Referee’s decision and you do not agree with it, you can appeal to the Employment Security Board of Review. If you disagree with the decision based on new information, you should first contact the Referee and ask to have the case reopened. The Board of Appeals consists of three members. There must be a majority for agreement on a decision. Once the Board of Review receives your appeal, they will provide you with an opportunity to submit a written statement in support of your case. You must tell the Board everything and also tell them why you think the Referee’s decision was wrong. The Board will review all of your information and listen to the taped recording of the hearing. You will most likely not have a hearing before the Board of Review. If the Board feels that they need further information to make a decision, the case can be sent back to the Referee for a new hearing or to the Administrator for more investigation. It can take 45 to 75 days for the Board to issue a decision. If the Board does not rule in your favor, you have 30 days to file a motion to reopen your case or you can appeal to the Superior Court. You will have thirty days to appeal the Board of Review’s decision. Note that your former employer has equal right to make these appeals as well. Keeping this in mind will help you present your case in the best possible light.
It will also allow you to keep in mind that you may initially receive benefits and then your previous employer may appeal that decision.
Never get rid of any of the documentation that you may have that will help you present your case in the most favorable light. All documents should be kept in a safe place where you can refer to them if called on to an Appeal meeting. At your initial hearing you may just explain what you feel happened with the situation but as you continue the appeal process, you will be able to tell your story and bring in witnesses and cross examine your previous employer’s witnesses in the effort to present your case.