When the State of Utah makes a decision about an application for unemployment benefits, either the employee or employer can file an appeal to reconsider the decision. We offer experienced representation in unemployment appeals. You can submit your information at the bottom of this page and we’ll contact you to discuss representation. We represent employees in appeal for regular unemployment (U/I) and for Pandemic Unemployment Assistance (PUA).
Why Are Unemployment Claims Denied?
The Department of Workforce Services (DWS) can deny a claim for unemployment benefits for a variety of reasons. For example, the applicant may not have earned sufficient income to qualify, or the applicant might turn down suitable work or fail to look for a new job at all. DWS will also deny unemployment benefits if the employer reports that either the employee quit the job voluntarily without good cause or the employee was discharged with just cause. These two reasons are the most common issues involved in unemployment appeals.
How Can I Appeal an Unemployment Benefits Decision in Utah?
Either party must file an appeal within 15 days of the date that DWS mails out its notice of determination. The appealing party must explain why the appeal is being filed. Employees should remember that during the appeals process they must continue to file weekly claims for benefits and continue to search for work.
After an appeal is filed, the parties will receive a notice of telephonic hearing that provides details about the date, time, and purpose of the hearing.
How Does an Unemployment Appeals Hearing Work?
At an appeals hearing, the employee and employer meet together via phone with an administrative law judge (ALJ). Each party has an opportunity to present their case for why the original decision was either correct or incorrect. Both sides can present evidence and examine–and cross-examine–witnesses. Neither party is required to have an attorney represent them at the hearing, but an attorney’s knowledge of the nuances of the law and the best way to question witnesses, present evidence, and make arguments can be very helpful.
What Happens After the Hearing?
Within a few days to a few weeks, the ALJ will mail a written decision to both parties that explains the decision and how the ALJ came to it.
What if I Disagree with the ALJ’s Decision?
Either party can appeal the ALJ’s decision to the Workforce Appeals Board. The appeal must be filed within 30 days of the date of decision,
and it must explain the reasons the claimant disagrees with the ALJ’s decision and why the claimant is eligible for benefits under the law.
The Board will not hold a hearing and will not accept additional evidence–it will simply review the evidence that was presented to the ALJ and decide whether the ALJ made any errors. For this reason, having an attorney write your appeal to the Board is helpful because this appeal is more about legal arguments than just stating the facts of what happened.
After the Board’s decision, the parties can ask a Utah court to review the decision. Appealing to the court is more complex because it requires filing legal briefs and making arguments at a hearing, with the possibility of an attorney from the State opposing you. As a result, it’s best to have an attorney represent you if you can afford it.
Applicable laws: Utah Code 35A-4-101 to 508; Utah Admin Code R994-102 to 508.
How Can We Help?
We can assist you with your unemployment appeal at any level (ALJ, Appeals Board, Court). At the ALJ level, we will review your case, submit any evidence you have, and represent you at the hearing by asking questions (including cross-examination), presenting evidence, and making a closing argument. We charge from $175/hr to $250/hr for representation at the first appeal level, which must be paid up front.
At the Appeals Board level, we will review your case and submit a written appeal letter that makes arguments based on the facts of your case and the law to try to convince the Board to reverse the ALJ’s decision. We charge from $175/hr to $250/hr to draft an appeal to the Board. You must pay a retainer up front.
At the Court level, we will file a legal brief with the Court and argue on your behalf at a hearing with the Court. We will also serve documents on the other parties and file any needed follow-up briefs. We charge from $175/hr to $250/hr to represent claimants with the Court. You must pay a retainer up front.
Because the hearings occur via phone, we can represent people who live in any part of Utah. The price of a consultation for unemployment cases is $199. A consultation is required before we can agree to represent you; it allows us to evaluate your case and helps you decide whether hiring an attorney is the right choice for you.
Submit your information in the form below and we’ll get back to you within 1-3 business days. After filling out the form, please submit any documents pertaining to your case using the upload function below the form.
Submit Documents Here (only after filling out the form above)