In Arizona, unemployment hearings are conducted by Administrative Law Judges at the Department of Economic Security (DES).
All employers are notified by DES when an employees who has been terminated applies for unemployment compensation. Employees can only ask for unemployment benefits through their last employer.
Reasons to Challenge an Unemployment Application
Most employers agree to pay for unemployment unless there are reasons to challenge it, including:
- The person did not work for you at all or worked somewhere else after leaving your employment
- The employee voluntarily resigned, retired, or abandoned employment by failing to appear for work
- The employee was not dismissed due to lack of work or reduction in force and was fired for cause
- The employee is involved in a strike, lockout, or labor dispute at your business location
- You paid severance or a payout for unused leave when the employment ended
- You are making retirement or pension payments to the employee;
- You have information that the employee is not willing to seek and accept suitable work
- You have work available and want to rehire the employee
DES investigates challenges before deciding whether an employee is eligible for unemployment.
Employer Representation at Arizona Unemployment Hearings
I offer considerable experience representing employers at DES unemployment hearings.
Regardless of whether a business wants an employment attorney at a hearing, it’s important to consult with an attorney who knows DES rules before initiating an unemployment compensation challenge or even responding to an unemployment inquiry from DES. It’s important to resolve any thorny issues related to the employee’s termination and develop a sound strategy at an unemployment hearing.
If you are facing an unemployment query, investigation, or hearing, contact our office for a consultation. Don’t think of an attorney as someone who fixes mistakes, but someone who helps you avoid making mistakes.