If an employer fails to respond to the claim notice with the separation information, the employer may lose all appeal rights and the claimant will most likely receive benefits. An unemployment hearing is usually the final step for both parties to give testimony regarding their cases. Unemployment hearings are informal compared to court of law situations. Each party is placed under oath by the hearing officer and the testimony is tape recorded. All details surrounding the separation issue must be presented by first-hand witnesses.
Parties have the right to cross-examine each other under the direction of the hearing officer.
The burden of proof will always fall on the individual who initiated the separation. If the issue was a voluntary quit, the claimant must prove he had just cause for leaving. If the separation was a discharge, the employer must prove the claimant's actions constituted willful misconduct. The hearing officer will consider all information presented, and will subsequently render a decision to either allow or deny benefits. For a more detailed explanation of the unemployment hearing process, purchase a copy of The Employer's Guide to Unemployment Hearings.