Anatomy Of An Appeals Hearing
Phone Or In Person Hearings
Swearing
In of The Parties (Parties placed under Oath)
Issues In Case Explained (Quit & Discharge)
DOL Exhibits Entered into Record
Procedures Explained to the Parties
Testimony (and adding of employer/claimant
exhibits)
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DOL Exhibits Entered Into Record
Each case
consists of a file with documents related to the case. Some of these documents
are forms prepared by both parties in response to requests from the GA
Department of Labor. The
hearing officer will describe these documents to the parties and allow each side
to object if they disagree them. If
there are no valid objections, the documents will be added as exhibits to the
record.
Employer/Claimant Exhibits
The hearing officer often receives many documents before each hearing.
Note: A hearing officer is given six or seven cases a day and is always very
busy. Do not expect your document to be entered into the record just because it
is in the file.
When the party is referring to a document during their testimony, they should make a motion for it to be added to the record as an exhibit. WARNING!!! You must ask specifically that the document be added as an exhibit. Do not depend on the hearing officer to add it in on his own motion.
See Documents
Procedures
When
a party is done questioning the witness, the opposing side may follow with their
own questions. This process continues until all witnesses have testified and been
questioned. At that point, the hearing officer makes time for rebuttal
and closing statements.
The
hearing officer will not render a decision while the parties are at the hearing.
A copy of the decision will be mailed to both sides in about two to three
weeks after the hearing.
On
the back of the decision are your appeal rights and an ending date. You will
have 15 calendar days from the ending date in which to file an appeal.
All appeals must be in writing and either faxed, mailed or hand delivered
to the appeals board.
Mailed
in copies will be judged timely or untimely based on their postage cancellation
date or postmarked date. Date
stamps from postage meters which can be set by the parties themselves, cannot be
used to show the appeal was timely.
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In a Discharge, the employer’s witnesses go first. In a Quit the claimant’s witnesses go first.
See Also
Rebuttal
and
Closing statements
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Leading And Non-Leading Questions (Examples)
A leading question is one that suggests an answer. A non-leading
question does not. A party is not allowed to coach their own witness by asking
them leading questions.
Leading Questions (Can Ask Other Side Such But Not Your Own Witness)
John was absent 5 times, right?
Isn't true John was absent 5 times?
John was warned about his attendance, right?
You never told us you had a skin problem did you?
And you never spoke to a supervisor about it is that correct?
Non-Leading Questions (Can ask anyone)
Was John absent 5 times?
When?
Did you ever warn john about his attendance?
Did John ever tell you he had a skin problem?
Do you know if John ever spoke to a supervisor about it?
Hearings By Phone Or In Person
The Georgia DOL STRONGLY prefers that hearings be done over the telephone. But
upon request of either party, the hearing may be conducted face to face.
To guarantee you are heard in person, you will need to show that a phone hearing
would be unfair and thus violate your right to due process. Hearings
should be in person if you have lots of documents, a video or diagrams that
require you be there to explain them.
Telephone Hearings
The advantage here is that they're extremely convenient and don't require
the employer commute to another location. The disadvantage is that you can't see
the people face to face. There is a loss of communication when the parties
cannot express themselves in view of the hearing officer. It also is harder to
refer to things such as documents or diagrams, or to re-enact dramatic
occurrences, etc.
The Georgia DOL STRONGLY prefers that hearings be done over the telephone. But upon request of either party, the hearing may be conducted face to face. To guarantee you are heard in person, you will need to show that a phone hearing would be unfair and thus violate your right to due process. Hearings should be in person if you have lots of documents, a video or diagrams that require you be there to explain them.
See the Unemployment Insurance Appeals Handbook (DOL-424B)
In Person Hearings
The advantage here is that you can see the people face to face, observe
their demeanor and see if the hearing officer understands what you're talking
about. If you have lots of documents, a video or diagrams, you'll want to be in
person to explain them.
To guarantee you are heard in person, you will
need to show that a phone hearing would be unfair and thus violate your right to
due process. Hearings should be in person if you or your witnesses have a
disability that requires being there in person, or if you have lots of
documents, a video or diagrams that require you be there to explain them.
ALWAYS RESERVE THE RIGHT TO CALL OTHER WITNESSES VIA
TELEPHONE WELL IN ADVANCE OF THE HEARING
You must be ready for the unexpected. The claimant may say things you never
imagined, perhaps simply because he knows that no one at the hearing can refute
him. If you don't reserve the right to have some witnesses participate by
phone, you may be stuck with only those who physically appeared at the hearing.
Reserving your right to phone in other witnesses should be done immediately after you know of an in person hearing. Call The DOL Appeal's Division and tell them you want permission to conference at least two or three witnesses by phone. Take down the name of the person you spoke with along with the the date and the number you called. If they grant you permission, tell them to log such on "DOL Screen AL13". The Hearing Officer will look at this screen right before the hearing.