Fees & Services
Unemployment Hearings
Representation at Employment Security referee hearings and Board of Review appeals.
The Appeals Process
An unemployment compensation claim does not end with the initial determination. When a claim is denied or an employer contests a claim, either party has the right to appeal, and the hearing that follows is a formal legal proceeding.
Connecticut's unemployment compensation system is governed by CGS Chapter 567, CGS §§ 31-222 et seq. After an initial determination by the Connecticut Department of Labor, a party who disagrees has 21 days to appeal to an Employment Security referee under CGS § 31-242. The referee's hearing is conducted on a clean record; the referee is not bound by the prior determination and considers testimony and documentary evidence de novo. If either party is dissatisfied with the referee's decision, a further appeal lies to the Employment Security Board of Review under CGS § 31-249, which generally decides on the existing record. Final administrative review may then be appealed to the Superior Court.
Appeal Deadline: 21 Days
A party who disagrees with the initial unemployment determination has 21 days to appeal to an Employment Security referee under CGS § 31-242. The referee hearing is de novo; the referee is not bound by the prior determination.
The central issue in most unemployment hearings is whether the separation was voluntary without good cause, or whether the employee was discharged for misconduct. Both determinations turn on specific legal standards under Connecticut law and the facts in the record. An employer's position statement submitted before the hearing, and the testimony and exhibits presented at the hearing, determine the outcome. Cases are lost because the party fails to build a record that supports its position.
For Employers
A successful unemployment claim increases your state unemployment tax rate. In disputed cases, the same facts the employee presents to the referee may later support a wrongful termination or discrimination claim. I represent employers at referee hearings and before the Board of Review, advising on what documentation to gather, which witnesses to present, and how to establish that a separation resulted from willful misconduct under CGS § 31-236. I also assist employers in responding to initial claims before the hearing stage to strengthen the record from the outset.
For Employees
A denied unemployment claim is not final. You have 21 days to appeal to an Employment Security referee under CGS § 31-242; the referee hearing is de novo and the outcome depends on the record you build.
I advise on whether an appeal is worth filing, help you prepare testimony and exhibits, and represent you at the hearing. The employer's position statement and your documentary evidence determine voluntariness and misconduct under CGS § 31-236.
Scope of Service
- Employer representation at Employment Security referee hearings
- Employee representation and hearing preparation
- Pre-hearing document review and strategy
- Employer and employee appeals to the Employment Security Board of Review, CGS § 31-249
- Position statement drafting for initial claims and contested separations
- Superior Court administrative appeals from Board of Review decisions