Learn How Employers Can Appeal Unemployment Insurance Decisions
You may make a reemployment assistance employer appeal if you are a employer and you disagree with the decision of the Employment Development Department, or EED, to grant your former employee UI benefits. However, you may not know how to file a reemployment assistance appeal. If this is the case, continue reading this page to find out more about unemployment compensation employer appeals and how can you challenge this decision.
Learn How to File a Reemployment Assistance Appeal
If you are wondering, “How does an employer appeal a reemployment assistance decision?” Here is a breakdown of how to how to file a reemployment assistance appeal. As an employer, you have to right to appeal any EDD decision to pay a claimant who is one of your former employees, who is now seeking to learn how to apply for UI and receive benefits. Your reemployment assistance employer appeal request has to be submitted within 30 days of the date on the top of the Determination and/or Ruling, DE 1080CZ notice, which you received from the EDD. Your letter of appeal should have information including, but not limited to the following:
- Your name
- The name and address of your business
- Your contact information
- Relevant ID numbers
- Legal representative details, if applicable
- A copy of the EDD decision that you are appealing
- The detailed reason for making your appeal
You will be notified of the date of the reemployment assistance employer appeal by The Office of Appeals, at least 10 days before the hearing is due to take place. UI appeals are handled by Administrative Law Judges. During the course of the employment assistance employer appeal, both you and the claimant will be given an opportunity to present your evidence. After the hearing, you will receive a written notice of the decision in the mail. The decision will include information about filing a second appeal. To learn more about the procedures associated with the reemployment assistance employer appeal, download our free guide.
Learn How to File a Second Level Reemployment Assistance Appeal
You may file a second level reemployment assistance appeal if you disagree with the decision made by the Administrative Law Judge during your initial reemployment assistance employer appeal. The second level employer request to appeal reemployment assistance is made to the Appeals Board to ask for review from the Administrative Law Judge’s decision. If you have decided to make an appeal to the Appeals Board, then it must be made within 30 calendar days from the Administrative Law Judge’s decision. You must include the following information:
- Your name
- The name and address of your business
- Your telephone number and/or email address
- Your employer account number
- The claimant’s (your former employee) Social Security Number
- The name and mailing address of your legal representative (if applicable)
- A copy of the Administrative Law Judge’s decision that you are appealing or the appeal case number
- The detailed reason for filing your appeal
Download our comprehensive guide to review more information about a second appeal scenario.
You should mail your second level reemployment assistance appeal to the return address on the Administrative Law Judge’s decision notice. The Appeals Board will confirm receipt of your second level reemployment assistance employer appeal and will also inform all other parties involved. Typically, the Appeals Board will not consider any evidence which was not presented at the initial employer request to appeal reemployment assistance. However, you do have 10 days from the original date of the confirmation letter to request permission to present new evidence, as well as written or oral arguments. The final decision on this recourse is left to the discretion of the Appeal Board. When the Appeals Board has made its decision, you will receive written notification. If you still disagree with the decision, you have the option to file a Writ of Mandate to the Superior Court within six months of the mailing date on the Appeals Board’s notification. To learn more about how you, as an employer, can appeal reemployment assistance, download our comprehensive guide.
