Steps in the Unemployment Compensation Procedure

Explanation of all the steps that may be involved in an Unemployment Compensation case, from the initial application through the various levels of possible appeal.  Read through this especially to learn about what you can (and CANNOT) do at the all-important early stages of your case.

SUMMARY OF STEPS:

1 - File Claim for Benefits
2 - Deputy Decision - Eight days to appeal
3 - Administrative Law Judge hearing and decision - Eight days to appeal
4 - Board of Review appeal decision - 30 days to appeal
5 - Circuit Court of Kanawha County appeal decision - 60 days to appeal
6 - WV Supreme Court of Appeals

STEP-BY-STEP DISCUSSION:

Step 1: File your “claim for benefits” at the local Unemployment Compensation office

After you become unemployed, you must apply for Unemployment Compensation benefits.  Go to the local Unemployment Compensation office to do this. 

If you don’t know where the local office, there is a list of all the offices in the State on the “WorkForce WV” web site.  Click Here! to go to the WorkForce WV web site and see that list

Step 2: Keep filing your weekly claim forms

If your claim is approved, you will still need to keep filing weekly claim forms.  You will not be paid benefits unless you file your claim for that week.

If your claim was denied but you appeal, then you should keep filing your weekly claim forms.  If you win the appeal, you can get back payment BUT ONLY if you have filed weekly claim forms.

Step 3: Request for Employer Information

After you file your claim, the Unemployment Compensation office will write to your former employer.  They will ask the employer for its version of why you are unemployed.  The employer is not required to respond.  Your claim will be reviewed by Unemployment Compensation even if the employer does not respond.

Step 4:  Deputy Decision

The “Deputy Commissioner” in the local office will make the first decision about whether you should be paid your benefits or not.  Normally the decision is made based only on the written claim that you filed, and any information received from the employer.

But sometimes the Deputy Commissioner wants more information than the paperwork shows.  Sometimes the written information isn’t clear.  Sometimes one side or the other leaves out some information that was required.  The Deputy will set up a “meeting” for both you and your employer to come in.  The Deputy will ask each of you to explain what happened and why you are unemployed.

Then the Deputy’s Decision will be mailed to you.

Step 5: Appeal from Deputy’s Decision

Both parties have the right to appeal from the Deputy’s Decision.  THE APPEAL DEADLINE IS VERY QUICK.  ANY APPEAL MUST BE FILED AT THE LOCAL UNEMPLOYMENT OFFICE WITHIN EIGHT DAYS AFTER THE DEPUTY’S DECISION WAS MAILED OUT.

     Claimant Appeal

If your claim is denied, you have the right to appeal.  Go to the local Unemployment Compensation office and sign the appeal form.  Act quickly.  You have only eight (8) days to file the appeal. 

If the Deputy Decision was unfavorable you will not receive any benefits during the time of the appeal.  If you win the appeal, though, you can get “back benefits” for the weeks that you kept filing your weekly claim forms.

     Employer Appeal

If the Deputy’s Decision is in your favor, you don’t need to do anything else.  Simply keep filing your forms, and wait for the benefit payments to begin. 

If the employer files an appeal, you will start getting your benefits anyway.  You will keep getting benefits unless the next appeal decision goes against you.  At that point your benefits will stop. 

Step 6: Administrative Law Judge Hearing

The next phase after the Deputy Decision is a hearing with an “Administrative Law Judge.”  You will receive a letter from the judge telling you the date and time to come for your hearing.

You have the right to subpoena witnesses to testify at your hearing.  Go to the local Unemployment Compensation office and tell them you want to subpoena witnesses.  You will need the name of each witness you want, and a physical address where the subpoena can be delivered to them.  Do this as soon as you are notified of that date of the hearing.  The Unemployment Compensation office will need time to get the subpoenas delivered to the witnesses you identify. 

• You probably do not need to subpoena friendly witnesses if they are willing to come and provide their information.  Ask them ahead of time.
• Sometimes even friendly witnesses will need a subpoena, so they can show their boss that they are required by law to be away from their job.  Ask them if they want or need a subpoena for this reason.
• Be very careful about forcing unfriendly witnesses to testify in your case.  If they are unfriendly, and they do not want to be there, and you force them to be there anyway, they will do their best to give testimony that hurts you.

This hearing is EXTREMELY IMPORTANT.  Normally, it is the one and only chance you will have to provide evidence for the case.  Bring any witnesses that you need.  Bring any papers, documents, pictures, drawings, diagrams or other evidence that you need. 

If you don’t bring the evidence or subpoena it, then the judge won't see it.  The judge will NOT go check records just because you say they exist and could be checked.  Either you bring the evidence (or subpoena it) for the judge, or you don’t. 

The hearing is your “opportunity” to provide evidence.  It isn’t up to the judge to find evidence.  It is up to you to bring evidence.  If you miss your opportunity then it’s gone. 

The hearing with the Administrative Law Judge will be tape-recorded by the judge.  All testimony given by any witnesses will be “preserved” on the recording.

The Administrative Law Judge usually will mail out a decision in about 1 to 2 weeks after the hearing.

Step 7: Appeal from Administrative Law Judge Decision

Both parties have the right to appeal from the Judge’s Decision.  THE APPEAL DEADLINE IS VERY QUICK.  ANY APPEAL MUST BE FILED AT THE LOCAL UNEMPLOYMENT OFFICE WITHIN EIGHT DAYS AFTER THE JUDGE’S DECISION WAS MAILED OUT.

     Claimant Appeal

If your claim is denied, you have the right to appeal.  Go to the local Unemployment Compensation office and sign the appeal form.  Act quickly.  You have only eight (8) days to file the appeal. 

If the Judge’s Decision was unfavorable you will not receive any benefits during the time of the appeal.  If you win the appeal, though, you can get “back benefits” for the weeks that you kept filing your weekly claim forms.

     Employer Appeal

If the Judge’s Decision is in your favor, you don’t need to do anything else.  Simply keep filing your forms, and wait for the benefit payments to begin. 

You will get your benefits even If the employer files an appeal.  You will keep getting benefits unless the next appeal decision goes against you.  At that point your benefits will stop. 

Step 8: Board of Review

If either side appeals the judge’s decision, then the “Board of Review” will re-examine what the judge did. 

After the appeal is filed, the tape-recorded testimony of the witnesses will be typed out into a “transcript.”  Any documents, records, drawings or photographs that were used during the hearing will be attached to the transcript.  This is what the Board of Review will examine. 

The transcript will be mailed to you and to the employer.  After the transcript is mailed out, the Board will send out a letter telling you the date and time your case will be reviewed in Charleston.

The Board of Review is a three-person board that meets ONLY in Charleston.  All cases are reviewed in Charleston.  The members of the Board read the transcript before the review meeting.  Then they allow each side to speak briefly, to explain why the judge was wrong or right.

The Board usually takes only about 5 to 10 minutes to hear from the two sides about a case.   You won’t get much time.  You need to be very short and simple in explaining why you believe the judge was wrong (or right, if the judge’s decision was in your favor). 

You have two options:

• You can appear in person, to talk to the Board and explain to them why you think the judge was wrong (or right). 
• Or you can send in a letter or written statement, explaining why you think the judge was wrong (or right). 

The Board of Review WILL NOT TAKE ANY NEW EVIDENCE!  If you didn’t explain it at the judge’s hearing, you won’t get to give new testimony and evidence to the Board. That’s why the hearing with the Administrative Law Judge is so important.

The Board of Review usually will mail out a decision in about 1 to 2 weeks after the hearing.

Step 9: Appeal from the Board of Review

Both parties have the right to appeal from the Board’s Decision. The next step is to go to the Circuit Court of Kanawha County.  You have thirty (30) days to file your appeal petition in Court.

This thirty day deadline is STRICT AND ABSOLUTE!  The Court is not allowed to permit “late appeals” even when extremely good reasons are offered.  The appeal petition MUST be filed in the Office of the Clerk of the  Circuit Court of Kanawha County within 30 days from the date the Board decision was mailed out.
  
     Claimant Appeal

If your claim is denied by the Board, you have the right to appeal.  There is no form to sign at the Unemployment Compensation office.  You must file a formal “petition for appeal” with the Circuit Court, and explain in that petition why you believe the Board decision was wrong. 

If the Board’s Decision was unfavorable you will not receive any benefits during the time of the Circuit Court appeal.  If you win the Circuit Court appeal, though, you can then get “back benefits” for the weeks that you kept filing your weekly claim forms.

     Employer Appeal

If the Judge’s Decision is in your favor, you don’t need to do anything else.  Simply keep filing your forms, and wait for the benefit payments to begin. 

You will get your benefits even If the employer files an appeal.  You will keep getting benefits unless the next appeal decision goes against you.  At that point your benefits will stop. 

Step 10: Circuit Court of Kanawha County

After the appeal is filed with the Circuit Court the Unemployment Compensation office must submit a copy of “the record” to the Circuit Court.  This includes the transcript of the Administrative Law Judge hearing, the decision of the Administrative Law Judge, any written letters that were submitted to the Board of Review, and the Board of Review decision. 

The Circuit Court will make its decision based on this record.  It will NOT take any new evidence.  No new testimony, no new witnesses, no new records or documents. 

After the “record” is filed with the Court, then a schedule is set for each side to submit their written arguments.  These are called “briefs.”  Usually the Circuit Judge will set a schedule like this:

• The side who filed the appeal will be given 30 days to submit their first written statement of why the Board decision was wrong.
• Then the side who did not appeal will be given 30 days to submit a written response to whatever the appealing party said, explaining why they think the Board’s decision was correct. 
• Finally, the side who filed the appeal then will have another 15 days to write a reply to what the “non-appealing party” wrote.

After the time for all of these written arguments has expired, the judge will read all the paperwork and make a decision.  Normally there will not be any in-person appearances by the two sides to meet with the judge or give a verbal explanation. 

There is no deadline for when the judge must issue a decision.  Sometimes they are very quick and issue a decision within a few weeks after the schedule finishes.  Sometimes they are very slow, and don’t issue a decision for months and months. 

Step 11: Appeal from the Circuit Court Decision

Both parties have the right to appeal from the Circuit Court’s Decision. The next step is to go to the Supreme Court of Appeals of West Virginia.  You have sixty (60) days to file your appeal petition with the Supreme Court in Charleston.

     Claimant Appeal

If your claim is denied by the Circuit Court, you have the right to appeal. There is no form to sign at the Unemployment Compensation office.  You must file a formal “petition for appeal” with the Supreme Court, and explain in that petition why you believe the Board decision was wrong. 

If the Circuit Court’s Decision was unfavorable you will not receive any benefits during the time of the appeal.  If you win the appeal, though, you can get “back benefits” for the weeks that you kept filing your weekly claim forms.

     Employer Appeal

If the Circuit Court’s Decision is in your favor, you don’t need to do anything else.  Simply keep filing your forms, and wait for the benefit payments to begin. 

You will get your benefits even If the employer files an appeal.  You will keep getting benefits unless the Supreme Court decision goes against you.  At that point your benefits will stop. 

Step 12: Supreme Court of Appeals

After the appeal is filed with the Supreme Court the Clerk of the Circuit Court must submit a copy of “the record” to the Supreme Court.  This includes the transcript of the Administrative Law Judge hearing, the decision of the Administrative Law Judge, any written letters that were submitted to the Board of Review, the Board of Review decision, the written arguments given to the Circuit Court, and the decision of the Circuit Court.

The Supreme Court will make its decision based on this record.  It will NOT take any new evidence.  No new testimony, no new witnesses, no new records or documents. 

After the “record” is filed with the Supreme Court, then a schedule is set for each side to submit their written arguments.  These are called “briefs.”  Usually the Supreme Circuit will set a schedule like this:

• The side who filed the appeal will be given 30 days to submit their first written statement of why the Board decision was wrong.
• Then the side who did not appeal will be given 30 days to submit a written response to whatever the appealing party said, explaining why they think the Board’s decision was correct. 
• Finally, the side who filed the appeal then will have another 15 days to write a reply to what the “non-appealing party” wrote.

After the time for all of these written arguments has expired, the Supreme Court will read all the paperwork.  Sometimes the Supreme Court may schedule an in-person appearance by the two sides to explain why they believe the Circuit Court decision was right or wrong.  Sometimes the Supreme Court will issue a decision without having an in-person “oral argument.” 

There is no deadline for when the Supreme Court must issue a decision after the written argument schedule is finished.  Sometimes the Supreme Court is very quick and issues a decision within a few weeks after the schedule finishes.  Sometimes they are very slow, and don’t issue a decision for many months. 

Step 13: The end (in virtually all cases)

Theoretically, in some cases it is possible to appeal a case from the WV Supreme Court of Appeals to the United States Supreme Court in Washington, DC. 

In reality, this virtually never happens.  The US Supreme Court receives thousands of appeal applications every year, in all types of cases.  It accepts only 100 to 200 of those cases.  It takes only the cases where it believes that major issues of federal law must be addressed, for the clarification of the entire nation. 

The truth is that if you are unsuccessful at the WV Supreme Court of Appeals, that is the end of the line. 

Keywords: UC Unem Comp Unemployment Comp Com benefits UC benefits