are my appeal rights?
How do I request an appeal?
How is the appeal hearing conducted?
How will I learn about the hearing?
Can I have witnesses?
Can I submit evidence?
Do I need a lawyer?
How long does the whole process take?
What if I disagree with the decision of the Appeal Judge?
What are my appeal rights?
If you disagree with the Notice of Determination mailed to you following adjudication of your claim, you may file an appeal with the Kansas Department of Labor. Your appeal rights, and time limits for filing an appeal (within 16 days of the mail date of the determination), are explained on the back of your Notice of Determination.
Note: You will lose your right to appeal if you do not file within the stated time limit.
Write a letter asking for an appeal of the decision to the Office of Appeals, 401 SW Topeka Boulevard, 2nd Floor, Topeka, KS 66603-3182, fax: (785) 296-4065. If you are the claimant, be sure to include your name, Social Security number, current address and phone number. If you are the employer, include the claimant’s name, Social Security number and the issue code of the determination you are appealing. You need not include details about your claim at this time.
Your appeal hearing likely will be scheduled to take place by phone. You will be called by the UI Judge assigned to your appeal at the time of your hearing. Others “appearing” will be on the same phone call. Translation services or disability assistance will be provided upon request. Hearings are normally scheduled for 45 minutes. In-person hearings are held on a very limited basis if a phone hearing is not possible. The party requesting the in-person hearing will be granted the right to appear in person. The other party will have the option of appearing via telephone or in person unless the Judge determines that it would be best for all parties to appear in person.
The hearing is a court of law. Decisions are based on facts and not philosophical arguments or financial need. The law governing unemployment is K.S.A. 44-701 et. seq.
After you request an appeal, you will receive a notice with instructions explaining how to prepare for your appeal hearing. It is important that you participate in the hearing because the decision will be based on information you give. Failure to take part in the hearing may result in a decision against you.
The instructions include calling the Office of Appeals to confirm the hearing and provide us with the phone number that you will be at for the hearing. Be sure this is a good phone connection and at a place with limited background noise. You must confirm by 1 p.m. the business day prior to the scheduled hearing.
If you have good cause why you cannot participate at the scheduled time, you may request a change (or “continuance”). Good cause is a compelling personal emergency and not simply inconvenience. The request must be made by 1 p.m. the business day prior to the scheduled hearing. Very rarely, an exception may be made if the request results from a sudden and unforeseeable event or situation that an ordinary person would consider emergent in nature.
At the hearing you will be given a chance to present facts you believe are important to your case. Any witnesses you need to help present your case must be given to the Appeals office in advance so they can participate in the hearing. You may do this when you confirm your hearing.
You may request that the Office of Appeals issue a subpoena to obtain necessary witnesses or documents. The request for a subpoena must be made at least seven days before the hearing date. Your request for a subpoena can be denied and you can state your objection to the denial at the hearing.
Yes. If you plan to use anything in a document, you must submit the document(s) to both the UI Judge and the opposing party at least 24 hours prior to the start of the hearing so it may be reviewed by the others before the hearing. If you do not do this, use of the evidence may be denied.
Although it is not required, you have the right to be represented by an attorney or a "Duly Authorized Representative" at your hearing. The attorney must be licensed to practice law in Kansas. A "Duly Authorized Representative" is a union representative, supervised law student, an employee of a corporate employer or an employee of the employer’s cost control firm.
An attorney must file a written "entry of appearance" before the hearing with the Office of Appeals. All attorney fees must be paid by the person or company hiring the attorney. Attorney fees assessed to the claimant must be approved by the Secretary of Labor. K.S.A. 44-718(b)
Your hearing will be set for the first available time after we receive your request. The length of time before your hearing will depend on the number of other appeals to be heard.
During the appeal process, you must continue to file your weekly claim for payment for each week you are unemployed. You will not be paid for any week for which you have not filed a weekly claim for payment, even if an appeal decision finds you eligible for benefits. If you are found eligible for benefits but your former employer disagrees and files an appeal this does not cause your benefits to stop.
Note: It is important that you participate in the employer's appeal hearing to ensure your information and facts are considered. If the employer wins the appeal, unemployment benefits you have been paid will be considered an overpayment and will require repayment to the Department of Labor.
Your decision will be mailed to you as soon as possible after the hearing.
What if I disagree with the decision of the Appeal Judge?
You, or your employer, may request the decision not in your favor be reviewed by the Employment Security Board of Review. Instructions for filing that appeal are on the last page of the Appeal Judge’s decision. This body will look through all the hearing testimony and evidence to determine if a proper decision was made.
You may appeal the Board’s decision to the District Court and up through the Court of Appeals and Kansas Supreme Court if you so desire. These additional appeals are at your expense.
Additional information explaining the Unemployment Appeals process is available online.
Disclaimer: The information listed here does not have the effect of law or regulations, but may help answer questions you have about your claim. If you have questions or a problem with your claim that is not covered on this site, please contact the Unemployment Contact Center.
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