The hearing in front of the Appeals Referee is very important because it is the only place in the appeals process where you will be able to present all your evidence.
You may wish to have witnesses. A witness can be subpoenaed to attend the hearing. You will need to get a home address and telephone number of the witness. Generally, you should only subpoena a witness if (1) you have talked with the potential witness and feel confident that the person will testify in your favor, and (2) the person was present during the events surrounding your or quit.
HOW TO MAKE SURE THAT THE WITNESSES SHOW UP AT THE HEARING
The appeals referee assigned to your case can issue the subpoena. You should give the appeals referee at least one week advance notice of the need for a subpoena. You can locate the appeals referee by calling the ESC in Raleigh at (919) 707-1060 and ask for the location of your particular referee. You will get a phone number for where the referee can be located that day. You will then need to call that number. It is easiest to contact the referee 5-10 minutes before each hour. If the referee is in a hearing, then you will have to leave a message and wait for a return call.
THE DAY OF THE HEARING
You should dress neatly, preferably dress shirt (tie optional) for men and slacks/blouse or dress for women.
You should arrive 15 minutes prior to the time set for the hearing. The appeals referee will give you the opportunity to review the case file prior to the start of the hearing. There will be a written statement from the employer and, possibly, a record of telephone notes between the adjudicator and the employer. You should review both of these documents carefully to determine what allegations the employer has made against you.
When the appeals referee calls the hearing to order, all persons involved will be identified and sworn in. The appeals referee will ask if you had the opportunity to review the case file prior to the hearing. The appeals referee will explain the procedure for the hearing. The hearing is tape recorded. Only one person speaks at a time.
Since you quit, you will testify first. You have to explain that you had good cause to quit.
The following are good causes to quit:
If the individual leaves work due solely to a disability or other health condition, whether or not related to the work;
If the individual leaves work due to a permanent reduction in work hours of more than 20% of the customary scheduled full-time work hours. For example the employee works 40 hours a week and the employer reduces the hours to 19 or less;
If the individual’s rate of pay is reduced by more than fifteen percent. For example, the employee earns $400 per week. Fifteen percent of 400 is 60. A reduction of $61.00 will be more than 15%;
If the individual leaves work to accompany the employee’s spouse to a new place of residence and it is too far for the individual to reasonably continue the employment;
If the individual has been laid off for more than 4 weeks;
If the individual is the victim of domestic violence; and
Other good cause attributable to the employer.
When you are done testifying, the employer will have a chance to ask you questions.
You should be brief, polite, and calm. You should answer questions directly and to the point. The appeals referee will not be pleased if you interrupt, give long rambling answers, or become too argumentative.
THE EMPLOYERS TESTIMONY
The employer’s representative will tell his side of the story. You should listen and take notes, but do not interrupt. You will have an opportunity to ask questions to any witness for the employer.
If you have any documents, be sure to bring a copy for you, a copy for the employer and a copy for the appeals referee. You will offer your documents when you have a chance to testify.
The appeals referee will not give you a decision at the end of the hearing. You will receive a written decision in the mail within 2-3 weeks. The decision will contain a pamphlet explaining how to appeal if you disagree with the decision.
CHECKLIST FOR REPRESENTATION AT HEARING (IN PERSON)
Witness notified or subpoenaed
If subpoenas needed, contacted the appeals referee
Documents copied and have four copies of each document for the hearing (one for appeals referee, one for employer, one for witness and one for you).
Make sure you know what time and where the hearing will be held and how to get there. Be sure to be on time.
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