Introduction       Graham Firestone Employer-sos
So you won your unemployment hearing. You told the examiner how the claimant was fired for theft and his benefits were denied.. But now you learn there's another hearing. The claimant has appealed.  And in just two weeks, both you and the claimant will be arguing the case, face to face.

The appeals hearing is far different from what most employers expect  And most of the time, the employer will lose because they're unprepared. Often employers are overconfident because winning at the claims level is so easy. But while the first hearing is informal, the appeals hearing involves many of the same rules and procedures found in court. Just like in court, the parties are sworn under oath and allowed to cross examine each other. Further, unlike at the first level, the rules against hearsay are in full force and effect.  And in some cases, the claimant might even bring a lawyer. In addition, there is a huge pressure factor not present at the claims level.. For at the appeals level there is much more information to present. And the hearing officer has only a limited time to hear your case. Therefore, it is vital to be prepared and organized to state your case as quickly as possible.

The Appeals Hearing is also the last place where the employer can establish the facts if the case goes to court. After this point, no more evidence is allowed. So even if your case goes to trial, it will be decided solely on the information presented at the appeals hearing. Thus, the appeals hearing is not something to be taken lightly.

Table Of Contents

Maybe create a section on Appeals Prior to the hearing, i.e.

Appealing the Prior Decision. If you lost and want to appeal, make sure you do so even if the claimant has already appealed on another issue.  For example:.  For example: The claimant may have won the case but been disqualified because he never certified for benefits while he was not working." In that case, both sides must appeal if they want their issues reconsidered. If the claimant is the one one to appeal, then the only issue to be considerd is his failure to certify.  The employer must file an appeal on the discharge decision or forever hold their peace.

The Oath
Every testifying witness must be under oath. No oath is necessary for attorneys and other representatives, if they won't be testifying about what they saw, heard or know. For example, the representative does not need to be sworn in when she will just be asking questions and making a closing statement. But anyone who adds information to the case, has to be placed under oath, plain and simple. This includes in house attorneys who may want to clarify issues with their own testimony.

In Person Hearings-Objecting To The Oath
With an in person hearing, the hearing officer simply administers the oath.  Unsworn testimony cannot be used to decide the case. So if you refuse to be sworn in, your statements will have no influence on the case outcome.

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Telephone Hearings-Objecting To The Oath
With telephone hearings, you will always be asked if you object to being sworn in over the phone. If you want an in person hearing, make sure you object to the oath.  While objecting to the oath  is virtually unheard of, it guarantees that the hearing will be rescheduled face to face.  This may be important for those who's initial request for such was denied.

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Texas Links

Drug and Alcohol Testing Laws (All 50 States & DC)

Texas   §481.133 (1994)
http://www.twc.state.tx.us/news/efte/ui_law_the_claim_and_appeal_process.html
has drug test for bob

It is illegal to manufacture, deliver, own or use a substance or device
designed to falsify drug test results. §411.091 (1993)
Requires employers with 15 or more employee adopt a policy designed to
eliminate drug abuse in the workplace. Written policy must be
distributed to each employee. Does not require drug testing or
rehabilitation program be implemented.
§406.032 (1993)
Benefits are denied if the injury occurred while the employee was in a
state of intoxication.