If you are denied Nevada unemployment benefits, and think the denial was in error, you have the right to appeal the decision.
How to appeal Nevada unemployment benefit denial
If you are denied unemployment insurance benefits, you will receive a Notice of Denial in the mail. Once you receive this letter, you have 11 days to file an appeal with the Nevada Department of Employment, Training and Rehabilitation. The appeal must be in writing and signed by you or an authorized representative on your behalf. It must contain your complete name, address, and Social Security number.
You will need to mail your request for an appeal to:
OFFICE OF APPEALS
2800 E St Louis Avenue
Las Vegas, Nevada 891074
While it is possible to file an appeal after the 11-day deadline has already passed, you must show you failed to file in a timely manner “for good cause shown.”
If you believe you have good cause to request an extension, you should do so in writing as soon as possible. Your written request should include an explanation and supporting documentation as to why you were unable to file your appeal within the initial 11-day period.
If you were, for example, hospitalized or had an unavoidable reason for being out of town, and therefore did not receive the written notice until after the 11 days had lapsed, this may constitute good cause for a late filing. If you are still waiting for documentation, it is recommended that you file your appeal right away and explain that additional evidence will be provided later.
Nevada unemployment appeals hearings
Once an appeal has been filed, a neutral appeals referee who works for the unemployment division will oversee the hearing. Each party involved will receive a written notice of the hearing at least seven days prior to the scheduled date. This notice will provide the time, location, and purpose of the hearing.
Appeals hearing process
An unemployment appeals hearing resembles a typical court proceeding, and offers an opportunity for all parties to present their account of the circumstances that led to the employment separation. Typically, both the claimant and the former employer attend the hearing at the same time.
At the beginning of the hearing, the appeals referee will provide an explanation of the issues to be discussed and the procedures to be followed. The hearing’s scope is typically limited to the matters specified in the hearing notice. If new issues arise, the appeals referee may provide a new notice, and give you the option of requesting a continuance for other issues or waiving a new notice.
The appeals referee has the authority to assess the credibility of witnesses by reviewing their previous statements or conduct to determine if they are telling the truth. If you and your employer have conflicting accounts, the appeals referee may decide the case based on who has the burden of proof at the hearing.
For example, if you claim you had good cause to quit, it is on you to prove it with evidence. Conversely, if the employer alleges misconduct, the burden of proof is on them to demonstrate it with evidence.
The appeals referee is responsible for examining witnesses and establishing evidence. Both parties have the chance to examine their own witnesses and cross-examine opposing witnesses.
The duration of most hearings typically ranges from 30 to 90 minutes, but some may take longer. It’s important to note that children under the age of 18 are not permitted to attend the hearing.
How do I prepare for my appeals hearing?
Before the UI benefits appeals hearing, it is crucial to prepare and organize any evidence that needs to be presented. This evidence must be submitted at least three business days in advance. Evidence must be submitted to both the appeals office and the opposing party (this typically means your former employer).
It is recommended that you thoroughly research the law and review all relevant information from the unemployment division related to the case. Creating a checklist of facts to be discussed during the hearing is also helpful.
Hearsay evidence is admissible, which includes written statements, reports, and verbal testimony by a sworn witness about information they were told. Both parties are responsible for arranging for any witnesses to be present at the hearing.
When selecting witnesses, it is recommended to choose those with firsthand knowledge of the event, including those who saw, heard, or participated in the situation leading to your separation from employment. Witnesses with firsthand information are considered more reliable than those who only heard about the event from someone else.
Once the hearing is over, the appeals referee will issue a written decision. This document will include the findings of fact and conclusions of law. The appeals referee’s decision will be based on the information and evidence that was presented to the referee during the hearing.
Do I need a lawyer for my appeals hearing?
While it is not necessary, you do have the right to have legal representation when filing an appeal. You can be represented by an attorney, union representative, or other individual. It is recommended that you contact your representative as soon as possible to give them time to prepare for the hearing.
If you do not have an attorney, you may contact the Lawyer Referral Service of the Nevada State Bar at 1-800-789-5747. If you are unable to afford an attorney, you may consider contacting your local office of Nevada Legal Services, Inc.
Do I need a subpoena to get my witnesses to attend the hearing?
If a witness refuses to appear, a request can be made during the hearing for the appeals referee to issue a subpoena. To issue a subpoena, it must be established that the witness’s testimony is necessary for the hearing, and that the person has refused to appear voluntarily.
What if I can’t attend the hearing?
If you need to change the date of your hearing, you can call the appeals office and ask to reschedule it. You should do this as soon as possible, and let them know why you need to change the date. The appeals office will decide if they can accommodate your request.
What happens if I don’t show up to the hearing?
If you don’t show up for the hearing or can’t be reached by phone, the appeals referee may dismiss your appeal. If your employer is the one who appealed your eligibility for benefits, you need to attend the hearing, otherwise your denial of benefits may be upheld.
Collecting unemployment benefits during the appeals process
Once you have filed the appeal, you must keep filing weekly claims for unemployment benefits throughout the entire appeals process. This is important because if the appeal is ultimately resolved in your favor, you will be eligible to receive payments for the weeks you filed your claims.
If the decision to deny UI benefits is upheld, and you received unemployment compensation during the appeals process, it could create what’s known as an overpayment. It is important to follow the state’s guidelines for overpayments and pay back the amount you owe. If you don’t repay, you could be accused of committing unemployment fraud, and this may affect your eligibility for future unemployment benefits.
Further appeals
You have the right to appeal the decision made by the appeals referee to the Nevada Board of Review, which is made up of three members appointed by the governor. You must file your appeal within 11 days of receiving the referee’s decision.
To appeal to the Nevada Board of Review, you need to write a letter or document signed by you or your authorized agent that includes your full name, address, and Social Security number, as well as your reasons for disagreeing with the referee’s decision or your basis for appealing.
The Nevada Board of Review can refuse to review the appeals referee’s decision if the referee affirmed the claims office’s determination. If the Board of Review refuses to review a decision, it will let the parties know their right to judicial review.
Employer Rights
Your former employer can disagree with your request for unemployment benefits. If your employer appeals your claim for unemployment benefits, you will need to take part in the appeal hearing. If your employer successfully overturns the decision to approve your benefits, you may have to return any benefits that you already received.