Claims Information (continued)

The Adjudication Process

Whenever information provided by either the claimant or the claimant's last employer indicates that the claimant's separation was due to some reason other than lack of work or a bona fide inability to perform the work for which the claimant was hired, an issue exists and the claim must be referred for adjudication.

After obtaining information about the reason for separation from both the claimant and the last employer, the Commission issues a nonmonetary determination that either allows or denies benefits. A copy of this determination is mailed to all interested parties.

Employment Security Commission Regulation No. 2.30 defines "interested parties" to hearings as: the claimant; the last employer when the issue is separation from work; the employer with whom the claimant refused work when the issue is failure to accept an offer of suitable work; and the last or current employer when the issue involves a question of availability for work because of unemployment due to a vacation or between terms denial for employees of institutions of secondary/higher education. A base period employer of any claimant who has a disputed claim may, upon written request, be treated as an interested party in the adjudication of the disputed claim. The Employment Security Commission is an interested party at every level of the hearing process. Furthermore, the Commission or an Appeals Referee can, in the interest of justice, make any other party an interested party in the adjudication of any matter.

How Do I File an Appeal?
Either the claimant or the employer may appeal the nonmonetary determination and request a formal hearing. Information about the time and date of the appeals hearing and the appeals process itself is mailed to each interested party well in advance of the scheduled hearing.

Interested parties may bring documents related to the case and witnesses to the appeals hearing.

All interested parties should attend the appeals hearing regardless of the outcome of the nonmonetary determination. The Appeals Referee's decision, which replaces the previously issued nonmonetary determination, is based solely on sworn testimony and evidence presented at the appeals hearing.

Either party may appeal the Appeals Referee's decision to the Employment Security Commission. Although the Commission will not allow any new evidence or testimony to be introduced into the record, it may allow interested parties to make oral arguments. Normally, the Commission will issue a decision that either affirms or reverses the Appeals Referee's decision. However, the Commission may, on occasion, remand a case back to the Appeals Referee for additional testimony and/or a new decision.

A Commission decision becomes final in 30 days unless an interested party files a petition for judicial review in Superior Court.

For additional information about the adjudication, hearing and review processes, please read the "Procedures for Appealing an Adjudicator's Determination" and "Procedures for Appealing Decisions by the Appeals Referee and the Employment Security Commission" pamphlets. You may obtain copies of the pamphlets at any local office of the Employment Security Commission. If you have questions about the processes, contact your local office or call the Adjudication Unit at (919) 707-1367, Appeals Department at (919) 707-1060, or the Legal Department at (919) 733-4636.

Claimants are not eligible for unemployment benefits during periods covered by back pay awards. If a claimant who received unemployment payments subsequently receives a back pay award that covers the same period, the Commission establishes an overpayment. The employer is required by law to deduct the amount of the overpayment from the back pay award and forward those monies to the Commission to resolve the overpayment. To ensure proper adjustment of their experience rating accounts, employers should promptly advise the Commission of any back pay award by contacting the Benefit Payment Control Unit at (919) 707-1338 or email at esc.ui.bpc.

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