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HOW DO I FILE AN UNEMPLOYMENT APPEAL IN KENTUCKY?
The APPEAL MUST BE IN WRITING and either mailed, emailed or faxed to the address or number in the notice. If you mail, you must have a USPS postmark date. Postmarks by personal or business postage machines are not accepted as their dates can be altered. If you choose to use one of these forms of postage make sure you mail your appeal early enough for it to be received on or before the required appeal date. It is a good idea to take your Appeal letter to your local post office if you choose the traditional mail option. If you e-mail or fax the appeal, make sure you get and keep the delivery confirmation.
YOU MUST INCLUDE in your written appeal:
1. A clear statement that you are appealing and the reason for the appeal.
AND
2. Your name (or your company's name if it is the employer who is appealing).
AND
3. The social security number of the claimant. ( The discharged, fired or laid off employee is the claimant.).
FREQUENTLY ASKED QUESTIONS.
Do I need to hire a lawyer? While lawyers are not required at unemployment hearings there are certain situations where you should seriously consider hiring an attorney. These include:
1. You were fired but the initial determination says that you quit.
2. You were laid off and they say you were fired with cause or voluntarily quit.
3. You attend school, full or part -time.
4. You were out sick or on FMLA and then were terminated..
5. If you receive an initial determination that you think is wrong and you have no idea how they could have made that decision. You think it must be a mistake. (It probably isn't a mistake.).
6. Your employer said they weren't going to contest your unemployment but you were denied benefits.
You may want a lawyer if you were fired and you think it was unjustified.
REMEMBER: Your best chance of winning your case is at the Referee's hearing. After that the Commission and the Court look at the evidence presented in the Referee's hearing. It is extremely rare for you to be allowed to present additional evidence. You should operate under the assumption that you will NOT be the exception.
Only you can decide if hiring a lawyer is in your best interest. First, decide if you feel comfortable with the law and your position. Do you understand why they made the initial determination and what evidence is required to get them to change their mind? Have you read the information sent to you by the unemployment commission and do you feel comfortable preparing and presenting your own case? Keep in mind that the best chance you have to prove your case is at the Referee's hearing. If you lose at the Referee's hearing and then appeal, at the next stage, they will only look at the evidence that was presented in the Referee's hearing, and decide if the Referee had substantial evidence to support the decision. You generally do not get a second chance to prove your case. Also, consider the cost of hiring an attorney and the amount of money at stake if you lose Remember, having a lawyer does NOT mean that you will win. There are NO guarantees.
Am I required to hire a lawyer to represent me in an unemployment hearing? No. You may choose to represent yourself at the unemployment appeal hearing. However, keep in mind that the Referee's hearing involves sworn testimony and the Referee makes their decision based upon Kentucky law and prior case decisions that the Kentucky Unemployment Commission call either precedent or advisory. It is important to understand what must be proven in order to win your case before the hearing and to plan the best way to present your evidence. If you lose at the Referee's hearing you can appeal but you generally do not get to present new evidence.
When should I hire a lawyer? If you choose to obtain legal representation, the sooner the better.
Can I wait and see if I win at the referee's hearing and then hire a lawyer if I lose there? Yes, but some lawyers will not take a case if they did not handle the hearing. More importantly, the best chance of winning or losing the case is at the Referee's hearing. After that hearing, you generally do not get to present new evidence. Decisions made in appeals to the commission are based upon a review of the recording of the hearing and whether the Referee's decision was supported by substantial evidence.
