File an Appeal to an Unemployment Benefits Denial in New Hampshire
If the state government of New Hampshire denies your claim for unemployment benefits in NH, you have a possible recourse. You can file an appeal to the Appeals Tribunal. You can appeal the decision for nearly any reason; however, you must file the appeal as soon as possible.
In New Hampshire, appeals are held either by telephone or in-person. You will make your case in front of a judge called a “Chairman.” If the issue is whether you quit for good cause or discharged for misconduct, your former employer will have the right to appear at the hearing and present their side of the story.
The New Hampshire Employment Service’s unemployment division will mail a Notice of Eligibility Determination. This notice will include instructions on how to file the appeal. You will find that you have 14 calendar days in which to file the appeal. If you file your appeal late, you will have to show that circumstances beyond your control led to you filing late. Otherwise, the Appeals Tribunal will allow the NHES’ decision to stand.
How to File the Appeal
You may file online or in writing. You may use the Appeals Tribunal Unit’s online form or file by fax or mail.
- If filing by fax, send the request to: (603) 223-6141
- If filing by mail, send the request to:
- Attn: Appeal Tribunal Unit
NH Employment Security
PO Box 2009
Concord, NH 03302-2009
- Attn: Appeal Tribunal Unit
However, you file, you’ll need to give the Appeal Tribunal certain information.
- The claimant’s name and at least the last four digits of his/her Social Security Number;
- If an employer appeal, the business name and the name of the person filing the request;
- Contact information, including an address, telephone number, and email address; and
- If possible, a copy of the determination notice(s)
- The reason for the disagreement with the determination.
It is important that you continue to certify weekly while you are in the middle of the appeals process. You cannot receive a benefit payment for any week you don’t file a proper claim for benefits.
When the Appeals Tribunal processes your request, they will send a Notice of Hearing or Notice of Telephone Hearing. The Tribunal may send postal or electronic mail depending on your preference. Each notice will include important information that you should read carefully. Either notice will inform you of the date and time of the hearing.
If you have a telephone hearing scheduled, the notice will include a sheet for you to return. You’ll provide the telephone number you wish to use during the hearing. The Chairman will call this number, so make sure will be functional on the hearing date. If you will have witnesses or a representative at the hearing, include their telephone numbers as well.
Check for any scheduling conflicts. It is likely you will have to rearrange your schedule, because the Tribunal will only grant a request to postpone or change the hearing date if you can show good cause. Medical emergencies, jury duty or military obligations are examples of a good cause.
Notify the Tribunal if you or your witness will need a translator, TTY access or other accommodations. The Tribunal will provide these for you. You may not use your own translator.
Now you can prepare for the hearing.
Preparing for the Hearing
The hearing will be similar to a court trial. You will have similar rights during the hearing as you do in front of a judge. You will be able to present evidence, witnesses and testify on your behalf. You may even hire an attorney.
You may have an attorney represent you at the hearing or a designated agent or friend. Many represent themselves at hearings without difficulty.
If you want to have someone testify at the hearing, they should be prepared to testify as to the facts regarding your separation from work (if that is the issue of your appeal). They should have first-hand knowledge about what happened. Character witnesses do not usually provide helpful testimony unless your character is at issue.
You may present relevant documents that can help prove your case. You can present paperwork regularly produced in the course of business, like time sheets or notices from your supervisor. Other written evidence should be presented if you can have the person who created the document present at the hearing.
The Chairman may grant a request to issue a subpoena to compel a witness to appear, or some entity to present a document you need to make your case. You may need this if a witness is reluctant to participate in the hearing, or if someone doesn’t want to hand over evidence you need. The Chairman will decide whether it is necessary to issue a subpoena. Give the Chairman sufficient time to make the decision and to issue the subpoena.
At the Hearing
The Chairman will conduct the hearing in a similar fashion to a court trial. The procedure is less formal, however. You will be sworn in and receive instructions from the Chairman. Both parties to the hearing will present their testimony, evidence and witnesses under oath. Both parties will be able to “cross examine” the other party’s testimony and witnesses. Both parties may make closing statements.
The Chairman will decide based on the facts presented at the hearing and an application of New Hampshire’s unemployment law to those facts. The Chairman will mail the decision to both parties. The Chairman may reverse the original decision, modify it, allow the original decision to stand, or send it back to the NHES for further review.
If you disagree with the Chairman’s decision, you may file an appeal to the Appellate Board. The Chairman’s decision will provide instructions on how to process that appeal.
Telephone: (603) 223-6140
Fax: (603) 223-6141
Read the claimant’s guide to the appeals process from the NHES