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 affordable representation in hearings for unemployment appeals. You can submit your information at the bottom of this page and we’ll contact you to discuss representation.
* Note: we can only help with scheduled unemployment appeals–we cannot help with filing for unemployment or answer questions about filing or issues associated with COVID-19
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 issues the party intends to raise before the Board.
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.
After the Board’s decision, the parties can ask a Utah district court judge to review the decision.
How Can We Help?
We can assist you with your unemployment appeal by reviewing your case, submitting evidence, and representing you at the hearing. Our representation is affordable when compared to other law firms; we charge a flat fee of $549.00 for representation at the first appeal level, which must be paid up front. In some cases, we may agree to charge less up front ($200-300) in exchange for a greater amount if we win the appeal ($750-1,000). The fee for higher levels of appeal depends on the circumstances of the case.
Because the hearings occur via phone, we can represent people who live in any area of Utah. Simply submit your information in the form at the link below and we’ll get back to you:
After filling out the form below, please submit any documents pertaining to your case to email@example.com.