If the Department denies your claim for benefits, you may appeal the decision. You may appeal for any reason, and you may appeal the Department’s monetary determination.
You must make your appeal in writing. You don’t have to include a detailed basis for your appeal on your request. You do need to include your reason for appealing and the determination you are appealing. You may want to include a copy of the notice of determination.
You can mail or fax the appeal to the central office for the Appeals Bureau. You can also use the form provided by the Bureau. The form is available online or you can pick one up in person. You may also receive one by mail.
317 W. Main St.
Boise, Idaho 83735
You have 14 calendar days to file the appeal. The clock begins on the date the Department mailed the determination notice to you, not the date you receive the notice. If you fail to file the appeal on time, the Appeals Bureau will let the Department’s decision stand.
The Appeals Bureau will then schedule a hearing to determine whether there was good cause to file the untimely appeal. You will have to show that there was some reason beyond your control that caused you to file after the deadline.
Preparing for Your Unemployment Appeals Hearing
After you file the appeal, the Appeals Bureau will set the time and date for the hearing and send notice to all parties with an interest in the outcome. This means the Bureau will notify your employer of the hearing. If the hearing is on a timeliness issue, overpayment, or other non-separation issue, a representative of the Unemployment Insurance Division may participate.
The notice from the Bureau will contain all the information you need to know about how to be ready for the hearing and any pertinent contact information.
The appeal will be conducted over the telephone. The parties will call in to a number provided by the Bureau.
The hearing is a quasi-judicial procedure. It’s like a trial, but not quite. You don’t need to have a lawyer present your case. You can have a friend represent you; however, that friend cannot act as a witness or offer testimony about the facts.
If you have a scheduling conflict, notify the Bureau as soon as you discover the problem. You may be able to reschedule the hearing for a good reason, like having to work or having a job interview on that date.
The judge will make a determination on whether you’ve shown good cause to reschedule. If you have an emergency on the date of the hearing, notify the Bureau as soon as you able so that:
- The Bureau has time to reschedule
- The judge doesn’t think you simply missed the hearing.
If you are the party filing the appeal and do not appear, the Department’s original determination will stand. If you are not to party making the appeal and the other party does not show up, the hearing will still happen.
If you plan to have a witness testify, notify the Bureau. The judge assigned your case will decide whether your witness is necessary, and whether it is necessary to subpoena the witness (require their appearance by judicial order). Your witness should have first-hand knowledge of some matter directly related to your dismissal.
Prepare any evidence you plan to present (enter into the record as an exhibit). Provide the evidence to the Bureau in advance of the hearing.
If you need a translator, inform the Bureau before the hearing. They will request a translator for your hearing. You may not use a family member or witness as a translator.
What Happens in an Unemployment Appeal Hearing
Both parties will cal in at the appropriate time. It is your responsibility to make sure any witnesses are available at the time of the hearing.
The judge will provide instructions to the participants, discuss procedure and then swear in both parties.
The judge will determine the order of testimony. The party filing the appeal may go first, or the order may be based on which party carries the burden of proof. If the issue is whether you quit or were dismissed for cause, the employer may go first.
When it is your turn, the judge will allow you to tell the relevant facts about what happened. The judge will ask you questions about your testimony, and then give your employer (or their representative) a chance to ask questions.
If the other party has not already presented their case, they will go next, following the same procedure. You will have an opportunity to ask questions to your employer (cross-examination).
The judge may have more questions after both parties have provided testimony. Then the judge will allow both parties the opportunity to make a closing statement.
While the process is quasi-judicial, you should behave on the phone as if you were in a courtroom. Don’t become unnecessarily argumentative and treat your employer with respect.
Once the hearing is finished, the judge will make a decision. The judge will find facts and apply those facts to the law. The Bureau will notify you of the outcome within 10 to 14 calendar days of your hearing.
You must continue to certify for benefits while waiting for the hearing.
You can appeal the Bureau’s decision. The appeal goes to the Idaho Industrial Commission. You have 14 days after the decision is made to appeal. You must deliver a written appeal to the Commission either by fax, mail or in person at the Commission office.
Idaho Industrial Commission Judicial Division, IDOL Appeals
P. O. Box 83720
Boise, Idaho 83720-0041