Unemployment Appeals in Maryland
One claimant's take on how the process works
A claimant has a tough road ahead in an unemployment appeals battle against an employer, but knowing the process can make things easier.
To start with a brief definition of the term, a claimant is a former employee. In Maryland unemployment appeals hearings, the employer and the claimant appear before a hearing examiner. The examiner's role is to listen to testimony from both the employer and the claimant and apply the state's unemployment law to determine a decision.
Many news stories, including a Feb. 12 story in The Washington Post, have outlined that more employers are contesting unemployment benefits as the nation's economy continues to struggle. According to The Washington Post, many employers are doing this because they get taxed for every claim against them and do not want to pay the taxes involved.
If a claimant's request for unemployment benefits has been denied, he or she has 15 days from the date the decision was mailed to file a written appeal with the state's Board of Appeals, which is part of the Department of Labor, Licensing and Regulation (DLLR).
In Maryland, there are four possible findings in determining unemployment status. One is no misconduct, which allows a former employee to draw full unemployment benefits. Another is simple misconduct, which leaves the claimant ineligible for unemployment for five weeks, but allows him or her to receive benefits after the five weeks. The third category is gross misconduct, which results in the claimant being ineligible to receive unemployment benefits until he or she has started a new job, has earned 20 times the weekly benefit amount he or she would have earned, and was let go through no fault of his or her own. The fourth category is aggravated misconduct, which results in the claimant being ineligible to receive unemployment benefits until he or she has started a new job, has earned 30 times the weekly benefit amount, and was let go through no fault of his or her own.
Having an attorney for the hearing is not necessary for either the claimant or the employer, but either party can hire an attorney. If a claimant does not have the money to hire an attorney, the state offers low cost or no cost legal representation such as the Maryland Legal Aid Bureau. Bringing an attorney into the hearing can do wonders for a claimant's piece of mind, especially if the claimant expects an employer to bring an attorney.
The hearing itself begins with both parties taking an oath "swearing or affirming under the penalties of perjury" that they'll tell the truth, the whole truth and nothing but the truth. From there, the hearing examiner will call the employer to testify first if the case arises from a termination. If the case arises from an employee's resignation, the claimant testifies first. The hearing examiner will ask the employer questions, then will allow the claimant or his or her attorney to cross examine the employer. Following that, the hearing examiner asks the claimant questions to receive testimony, then the employer or his or her attorney can cross examine the claimant. Following that, the employer can make a closing statement, followed by the claimant.
According to the DLLR Web site, the hearing examiner's decision will be in writing, and usually comes within 30 days of a hearing. However, high rates of appeals will slow the process down.
Facing an unemployment appeals hearing is not easy, but knowing how the process works can make a stressful event more manageable.
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