Were you denied Alabama unemployment insurance benefits? If you disagree with a decision made by the Alabama Unemployment Compensation Division, you have the right to appeal.
However, if you encounter the following issues, you should contact the Unemployment Compensation Division to resolve the issue instead of filing an appeal:
- Nonpayment of benefits for a waiting week according to unemployment insurance law
- Pending Alabama unemployment eligibility issues
- Pending errors in weekly certification
- Pending issues with your work search requirements
- Request to backdate the effective date of your claim or weekly certification
- Income tax intercepts to recoup outstanding overpayments
How to file an appeal
To file an appeal, you must submit a written request to the Alabama Department of Labor before certain deadlines.
If you received an original notice of determination by mail, you have 15 calendar days from the mailing date to file your appeal.
If you received the determination in person, you have 7 calendar days to file your appeal. In case the last day to file your appeal falls on a weekend, state holiday, or during an emergency office closure, the deadline for filing will be extended to the next business day.
You can file your appeal online, by mail, fax, or you can deliver it in person.
Appeal online: https://www.labor.alabama.gov/Appeals/ClaimantFiling
Appeal by fax: Download the Appeal form and fax it to (334) 956-5891.
Mail / In Person: You can mail your appeal form or deliver it in person to the Alabama Department of Labor.
Alabama Department of Labor
Hearings and Appeals Division
649 Monroe Street
Montgomery, Alabama 36131
During the appeal process for unemployment benefits, keep filing your weekly claims and performing your work search activities for each week that you remain unemployed. If the hearing officer makes a decision in your favor, you will only receive unemployment insurance benefits for the weeks you claimed.
Do I need a lawyer for my appeal?
The appeal hearing is much less formal than a court of law. During the hearing, both parties can provide testimony without legal representation. You may want an attorney for legal advice for serious issues like significant overpayments or Alabama unemployment fraud.
You and your former employer have the right to be represented by an employment lawyer or any competent individual at your own expense. According to the law, attorney wages cannot exceed 10% of the maximum benefits recovered in the appeal decision. If you are unable to afford legal representation, you can request assistance from one of the free legal advisory services available. You can estimate your weekly claim amount using the Alabama unemployment calculator.
Appeals Process
Notice of Hearing
You will receive written notification at your recorded address regarding the scheduled date and time of the telephone hearing, the issues to be discussed, and the hearing officer’s name. It is crucial to read this notice carefully as it provides essential information on participating in the appeal hearing.
Failure to Appear
If you or your employer fail to appear, the hearing officer can hear the testimony of the present party and decide the case based on that testimony and any other available evidence. If you or your witness fail to call in at the appropriate time, you may lose the chance to testify or present evidence.
Appeal Proceedings
The administrative hearing officer is solely responsible for conducting the hearing. During the hearing, the hearing officer will:
- Identify all present parties
- Explain the issues, purpose, and hearing procedures
- Clarify the order in which parties will give testimony
- Assist parties in asking questions of opposing parties and witnesses
- Determine whether the testimony and documents being offered are relevant to the appeal and should be accepted and considered
- Question parties and witnesses to obtain necessary facts
During the hearing, the administrative hearing officer will inform you when it is your turn to speak or ask questions. When making statements, speak directly to the hearing officer, not the opposing party. After all testimony has been taken, you will be given the chance to make additional statements about your case.
After the hearing concludes, the hearing officer will issue a written decision to all concerned parties. In the decision, the hearing officer will either affirm, reverse, or modify the original determination for unemployment benefits.
Board of Appeals
If you disagree with the hearing officer’s decision, you have the right to file an appeal to the Board of Appeals, which is the second level of administrative appeal. To file an appeal to the Board of Appeals, you must submit a written request, which must be received within 15 calendar days of the hearing officer’s decision’s mailing date. Your appeal must include the claimant’s full name, the last four digits of the social security number, and the reason for the appeal.
You can submit your appeal application by mail or fax to the Board of Appeals:
Alabama Department of Labor
Board of Appeals
649 Monroe Street
Montgomery, Alabama 36131
Fax (334) 956-7494
The Board of Appeals may either grant or deny your appeal application. For your appeal to be granted, it must be complete and address specific points not thoroughly covered in the hearing officer’s appeal.
If the Board of Appeals denies your appeal application, you will be notified of the denial via certified mail. However, if your appeal application is granted, the Board may either decide the case based on the record or schedule a hearing. You will be notified of the time and place of the hearing. The decision of the Board of Appeals becomes final ten days after the decision’s mailing date.
Circuit Court Appeals
If you disagree with the decision of the Board of Appeals, you still have some options. You can file an appeal to the circuit court in your county. If you live out of Alabama, you must file your appeal to the circuit court in the county where you last worked or resided.
You have 30 days from the decision’s mailing date of the Board of Appeals to appeal to the circuit court. The appeal to the circuit court does not require the services of an attorney.
If you disagree with the circuit court, your last remaining option is to appeal to the Alabama Court of Civil Appeals. You will need an attorney for this type of appeal.