Appeal an unemployment determination

Learn how to file an appeal if you are an employer, or third-party administrator (TPAs) on an employer’s behalf, who received an unfavorable decision on an unemployment determination.
You may request an appeal hearing within 10 calendar days of the mailing date on your determination notice.

DUA Hearings Department

The Details

What you need

Employers and third-party administrators (TPAs) can appeal the following types of determinations:

  • Unemployment benefits determinations
  • Status determinations from a claim
  • Subjectivity determinations
  • Certified Assessment determinations
  • Seasonal Certification determinations
  • Business Transfer determinations
  • Determinations from an audit 

To request an appeal hearing online, you'll need:

  • Your contact information
  • Information on your attorney or other representative, if any
  • Information on your witnesses, if any 

You'll be able to:

  • Select your preferred hearing method – by phone, in person, or virtual
  • Request an interpreter
  • Upload supporting documents 

How to appeal

  1. Log in to your Unemployment Services for Employers account
  2. On the Employer Information panel, select View More Employer Details
  3. Select File an appeal
  4. From the list of determinations, select the one you want to appeal, then select Next 
  5. Follow the system prompts to file your appeal

Next steps

  1. Once your request is received

    When we receive your request, we will send you 2 letters, either electronically or by U.S. mail, depending on the method you selected. The first letter is sent immediately to confirm we received your appeal request. The second letter (Notice of Hearing) is sent when we schedule the hearing. The Notice of Hearing will:

    • Give you notice of the time and date of your hearing
    • Let you know if the hearing is in-person or by phone (if by phone, we will include a phone number and a PIN)
    • Give you instructions on how to prepare for your hearing
  2. How to prepare for your hearing

    The Department of Unemployment Assistance (DUA) offers the following tips to prepare for a hearing:

    • Be prepared with all required documentation (including disciplinary actions, policies, handbooks, etc.)
    • Review the case file beforehand
    • Prepare witnesses appropriately. Present witnesses who actually saw or heard the events which led to the separation.
    • Present both written evidence and direct testimony, especially on company policy-related matters
    • Keep to the facts and information relevant to the case at hand
  3. After the hearing

    The person in charge of the hearing (the review examiner) will determine whether the claimant is eligible to receive benefits. When the decision is made, you’ll be sent a written decision either electronically or by U.S. mail, based on the method you selected.

  4. If you disagree with the review examiner’s decision

More info

Additional appeals management

Employers can now upload appeal documentation, request a subpoena, request a change to hearing, manage hearing participants, withdraw an appeal, and request a reinstatement on Unemployment Services for Employers.

  1. Select Appeals to view any current and past filed appeals
  2. From the list of appeals displayed, select Additional Actions
  3. Select the action you wish to take 

Hearings Department procedures

In order to determine the facts of the case and make a fair decision, you will be assigned to an impartial review examiner who has no knowledge of the case aside from reading the file documents. This impartiality ensures that all parties have a fair hearing with an adequate opportunity to present relevant testimony and documents.

If you miss the 10 day deadline to file your appeal

If you miss the deadline, you may still ask for an appeal. If your request is late between 11-30 days, we will review your request and decide if there was a valid reason (good cause) for the delay. If you had a valid reason, we will approve your request and give you a hearing date. If your request is more than 30 days late, there are only limited reasons why we can give you a late appeal.

If we deny your request for the appeal, you will have the right to appeal the denial.

You have the right to have a lawyer

If you want a lawyer at your hearing, you must find and hire someone as soon as possible.   You can find a lawyer online through the Mass Bar Association and Boston Bar Association

Contact

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