for Employers

When a former employee (also known as a claimant) is granted benefits, the employer's experience account may be charged to pay for some or all of their benefits. An employer may disagree with a former employee receiving benefits or their experience account being taxed for the benefits paid. An employer may appeal a former employee's claim based on numerous issues, however, a majority of the appeals are based on how the claimant quit or was discharged from their employment. These are called "separation" cases. There are several types of separation cases, however the two main types are:

Voluntary Leave or Quit Cases: This is when a claimant leaves or quits a job without good cause. Good cause is described by statute in Neb. Rev. Stat. §48-628.01. Should a claimant be found to have voluntarily quit their job without good cause, the claimant could then be disqualified for up to twelve weeks of benefits and the employer's experience account could remain uncharged.

Discharge for Misconduct: This is when a claimant is discharged or fired from their job for misconduct as defined by Nebraska law. Should a claimant be found to have dismissed or discharged for misconduct, the claimant could then be disqualified for up to twelve weeks of benefits and the employer's experience account could be held non-chargeable should the employer meet all other requirements of the law.

On October 1, 2012, Nebraska Revised Statute §48-632 was modified to provide that employers who fail to provide information required by the he Nebraska Department of Labor (the Department) forfeit appeal rights regarding that claimant.  This includes determinations finding the claimant was entitled to benefits and determinations finding the employer’s experience account.  At this time, the employer has been determined to have all appeal rights forfeited regarding this claim because the employer either did not complete and return the Request to Employer for Separation Information (also known as the form UI-350) within the 10-days deadline provided by Neb. Rev. Stat. § 48-632 or provided information online to the Department within the 10-day provided by Neb. Rev. Stat. § 48-632.  Should the employer want to have its appeal rights restored, it must complete and return the Request for Appeal Right Review by the deadline stated on the Order to Show Cause. A sample of the Order to Show Cause and the Request for Appeal Rights Review can be found HERE.

It is to the employer’s advantage to seek a non-charging status when any of its former employees apply for unemployment insurance benefits and limit the payment amounts from its experience account.  The Department can still require the employer to pay benefits for the claimant even if the claimant received a disqualification.  An employer’s account is charged when it did not complete and return the form UI-350 within the ten-day deadline required by Neb. Rev. Stat. § 48-632.  Although there is no penalty or fine for the employer not returning the Request for Appeal Rights Review or withdrawing the appeal.  The employer’s charging status will simply remain charged for the claimant in question.

Even though such hearings are in the name of the claimant, the reasons for the claimant's separation from the employer have very little relevance.  Employers shoud focus on why the response to the form UI-350 was received by the Department past the 10-day deadline.

An employer may appeal any decision that its experience account is subject to charging according to Neb. Rev. Stat. §48-652(3) and 221 NAC 3. The Tribunal hears charging issues separately from benefits hearings. The claimant is not a party to charging appeals.

Form UI-350 is sent to an employer once a claimant has applied for benefits. If properly filled out and returned, this document will be considered by the Nebraska Department of Labor in determining whether or not a claimant should be disqualified for benefits. The Department will also consider the UI-350 when it determines whether or not the employer's experience account is charged. Please review the section titled, "REQUEST TO EMPLOYER FOR SEPARATION INFORMATION FORM (FORM UI-350)" for more information. 

The Contractor Registration Act (Neb. Rev. Stat., §48-2101, et. seq,) requires all contractors be registered with the Department of Labor.

A contractor is definded under Neb. REv. Stat. §48-2103 to mean "an individual, firm, partnership, limited liability company, corporation, or other association of persons engaged in the business of the construction, alteration, repairing, dismantling, or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, levees and canals, water wells, pipelines, transmission and power lines, and every other type of structure, project, development, or improvement within the definition of real property and personal property, including such construction, repairing, or alteration of such property to be held either for sale or rental. Contractor also includes any subcontractor engaged in the business of such activities and any person who is providing or arranging for labor for such activities, either as an employee or as an independent contractor, for any contractor or person."

Contractors who fail to register or furnish correct information may be fined not more than $500.00 for the first violation and not more than $5000.00 for any subsequent violation. In addition, a contractor's registration may be revoked for failure to meet registration requirements or to maintain compliance with Worker Compensation Coverage laws.

The Department of Labor provides that a contractor may appeal an adverse determination and that a hearing be held pursuant to 230 NAC 3 and the Administrative Procedures Act, Neb. Rev. Stat., § 84-913. A request for hearing may be filed by personal delivery, regular mail, registered mail or certified mail, sent to: Nebraska Appeal Tribunal, PO Box 98941, Lincoln, NE 68509-8941. The appeal request must be in writing and:

1. Made within fifteen working days of the date of the citation or penalty;
2. Contain the name, address and telephone number of the person requesting the hearing;
3. Contain the name, address and telephone number (if known) of any person whose interests could be affected by the Administrative Law Judge's decision (hereinafter, "interested party");
4. Include a plain and concise statement of the reasons why the determination of the Commissioner is erroneous, and;
5. Include a certificate showing that a copy of the request for hearing was provided to all persons listed in paragraph 3 (above).

A request for hearing may be dismissed if it fails to meet these requirements, fails to advance a complaint recognized under the Department of Labor, Labor and Safety Standards Division, or presents a matter that has already been decided against the appealing party by other administrative or judicial action.

The Nebraska Workplace Safety Consultation Law (Neb. Rev. Stat., § 48-443 to § 48-446) provides for inspections and recommendations concerning safety of both public and private workplaces. Subject employers then have the opportunity to appeal any Notice of Abatement issued by the Department of Labor. A hearing is then held pursuant to 223 NAC 1 and the Administrative Procedures Act, Neb. Rev. Stat., § 84-913. A request for hearing may be filed by personal delivery, or mail, addressed to: Commissioner of Labor, PO Box 94600, Lincoln, NE 68509-4600. The appeal request must be in writing and:

1. Made within thirty days of the date of the Notice of Abatement;
2. Contain the name, address and telephone number of the person requesting the hearing;
3. Contain the name, address and telephone number (if known) of any person whose interests could be affected by the Administrative Law Judge's decision (hereinafter, "interested party"), and;
4. Include a plain and concise statement of the reasons why the determination of the Commissioner is erroneous.
5. A request for hearing may be dismissed if it fails to meet these requirements, fails to advance a complaint recognized under the laws administered by the Department of Labor or presents a matter that has already been decided against the appealing party by another administrative or judicial action.

The Request to Employer for Separation Information (Form UI-350) is a form sent to employers once a claimant has applied for unemployment insurance benefits. This form should be handled with priority. If properly filled out and returned, it will indicate to the Nebraska Department of Labor whether or not a claimant should be disqualified for benefits. It will also determine whether or not the employer's experience account is charged. An example of Form UI-350 form can be viewed HERE.

You can also file the Form UI-350 online HERE.

There is a time limitation for filing Form UI-350 that is strictly enforced. Form UI-350 must be received by one of the local employment offices or the Administrative office of the Department of Labor in Lincoln, Nebraska, within seven calendar days of the date of issuance. The date of issuance is located in a small box titled "Date Mailed" in the upper part of the form underneath the claimant's name and social security number. The date a UI-350 is due will be located in the upper right-hand corner of the form.

On the Notice of Adjudicator's Determination, there will be a sentence that tells the employer what the Adjudicator found and why. It will then tell the employer if a former employee has been disqualified for benefits and whether or not the employer's account will be charged for the benefits paid on the unemployment benefits paid. An example of a Notice of Adjudicator's Determination with the "Date Mailed" area circled can be found HERE. The employer can base its appeal letter on what the Adjudicator decided.

According to 224 NAC 1(003) a party entitled to a Notice of Determination may file an appeal by (1) completing a request in a format prescribed and approved by the Commissioner, or (2) submitting a letter clearly expressing intent to appeal. The appealing party shall identify the particular determination to be appealed and shall state the reason(s) for the appeal.

The employer's appeal should specifically address the reason it is appealing the determination. A good example would be:

"The claimant was discharged for because of her excessive absences."

"The claimant quit because she was moving to Arizona to care for her sick aunt."

The employer's appeal should not address problems not related to the appeal. Examples would be: "It is not fair that the claimant is granted benefits" or "The employer doesn't like the 13 week disqualification."

If the employer is charged as a result of the determination, it should specifically state the reason that it is challenging the charging decision. The employer should also state that it completed and returned the form UI-350 in a timely manner, made a reasonable attempt to complete and return the form UI-350 in a timely manner, or never received the form UI-350.

If the employer's appeal does not address the correct determination or specify a reason for the appeal, the Tribunal may request that it specify a reason for the appeal by issuing an Order for More Definite Statement. If the employer receives an Order for More Definite Statement, it will need to provide a specific reason for the appeal within the time required. If the employer fails to respond to the Order for More Definite Statement, the appeal may be dismissed.

To appeal the Adjudicator's determination, the employer may do so by:

1. Filing the appeal online: The employer must enter the employer's account number and PIN HERE Once this information has been entered, a link should appear allowing the employer to file an appeal online)
2. Complete and sign the Notice of Appeal form found HERE. You will need to return the Notice of Appeal form to the Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.
3. Providing a written statement to the Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941. An example of a proper way of requesting an appeal can be found HERE.

Whether the employer files its appeal by letter, fax, or via internet, the employer must state that it is appealing the Adjudicator's decision. The employer should also include a brief statement of the reasons why it is appealing. Should the employer want to accelerate the Appeal process, it should attach a copy of the Notice of Adjudicator's Determination with the appeal letter.

There are no fees required to file an appeal. However, the Tribunal will not give any free legal advice, provide parties' with an attorney, accept collect telephone calls or accept mail with insufficient postage.

If a witness requires an interpreter or other special accommodations because of disability, such arrangements can be made upon request. For individuals that need an interpreter to translate another language to English, requests may be made on the Telephone Information Return Form. For all other request, please contact the Tribunal immediately at 402.471.9886.

There is a time limitation for filing. An appeal is not considered filed until it is RECEIVED. The appeal may be sent within 20 calendar days of the date of issuance of the Claims Adjudicator's determination. Neb. Rev. Stat. §48-634. The date of issuance is located in a small box titled "Date Mailed" on the top of the Notice of Adjudicator's Determination. An example of a Notice of Adjudicator's Determination with the "Date Mailed" area circled can be found HERE.

As noted above, the appeal deadline is measured in CALENDAR days, not business days. That means the 20 days the employer has to appeal includes weekend days. The only exception is when the last day to file an appeal falls on a Saturday, Sunday, or a legal holiday. When that happens, the time limit is extended to the next regular workday. That means if Day 20 of the appeal time falls on a Sunday, the employer will be given an extra date to file its appeal.

As stated above, appeals may be sent by mail or fax to the employer's area claims center, made online through UI connect, or directly to the Tribunal. Should the employer wish to send the appeal directly to the Tribunal, it may do so at the following address: Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941. Employers may also fax their appeal to the Tribunal at 402.471.1734.

If the employer is planning to fax the appeal, it should be aware of rules regarding the faxing of appeals. Under the Nebraska Administrative Code, faxes received by Nebraska Department of Labor after 12:00 a.m. are deemed to be received on the next business day. 224 NAC 1(003). That means if the appeal is faxed at 11:59 p.m. on the final day, but it is not received by Nebraska Workforce Development until 12:01 a.m. the next day, that appeal is considered late.

Once the appeal has been filed, the appellant and all interested parties will receive a "Notice of Appeal Filed." An example of the Notice of Appeal Filed form can be found HERE. If an appellant does not receive a Notice of Appeal Filed in the mail within a few days after filing the appeal, the attorney or representative may want to contact the Claims Center at 402.458.2500 or the Tribunal at 402.471.9886.

Notices will be sent to an attorney or hearing representative if they are listed as the attorney or representative of record. If no attorney or representative is listed, the Notice of Appeal Filed and all other documents will be sent to the claimant or employer at their address of record.

The Notice of Appeal Filed simply means that the appeal was received. Parties to the appeal will receive a "Notice of Telephone Hearing" within two weeks of filing. The Notice of Telephone Hearing will indicate that the appeal was filed properly and the matter is set for hearing. An example of the Notice of Telephone Hearing form can be found HERE.

If the employer receives a document titled "Order to Show Cause," this means that the appeal was received but not within the 20-day deadline. The employer will then be told in the Order to Show Cause that it will need to show the Tribunal why the appeal was late. If the Tribunal finds "good cause" or a good reason why the appeal was late, then the appeal would continue as if it was filed on time. Whether or not the appeal will be allowed to continue is strictly up to the discretion of the Tribunal.

If the employer receives a document titled "Order to Show Cause," this means that the appeal was received but not within the 20-day deadline. The employer will then be told in the Order to Show Cause that it will need to show the Tribunal why the appeal was late. If the Tribunal finds "good cause" or a good reason why the appeal was late, then the appeal would continue as if it was filed on time. Whether or not the appeal will be allowed to continue is strictly up to the discretion of the Tribunal.

This form allows answers to be entered in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Employers may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. The response form may be returned to the Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8491.

Although employers are not required to have an attorney for the appeal, an employer may hire an attorney in these matters. However, an employer must hire an attorney or hearing representative at its own expense. The Judge hearing the case may question the parties or witnesses to develop the record. It is, however, the employer's responsibility to present its side of the case.

The Tribunal staff cannot give legal advice to claimants or employers. The employer and its representative are also not allowed to speak to the Judge outside of the hearing. This is to insure that the Judges are not prejudiced by any of the parties in this matter.

Form UI-350 is a form sent to employers once a claimant has applied for unemployment insurance benefits. This form, if properly filled out and returned, will indicate to the Nebraska Department of Labor whether or not a claimant should be disqualified for benefits. It will also determine whether or not the employer's experience account is charged. An example of a UI-350 form can be viewed HERE. 

This is the form that may be appealed. The Notice of Adjudicator's Determination indicates whether or not a claimant would be disqualified to receive benefits and if the employer's experience account could be charged. An example of the Notice of Adjudicator's Determination form can be found HERE.

On October 1, 2012, Nebraska Revised Statute §48-632 was modified to provide that employers who fail to provide information required by the he Nebraska Department of Labor (the Department) forfeit appeal rights regarding that claimant.  This includes determinations finding the claimant was entitled to benefits and determinations finding the employer’s experience account.  At this time, the employer has been determined to have all appeal rights forfeited regarding this claim because the employer either did not complete and return the Request to Employer for Separation Information (also known as the form UI-350) within the 10-days deadline provided by Neb. Rev. Stat. § 48-632 or provided information online to the Department within the 10-day provided by Neb. Rev. Stat. § 48-632.  Should the employer want to have its appeal rights restored, it must complete and return the Request for Appeal Right Review by the deadline stated on the Order to Show Cause. A sample of the Order to Show Cause and the Request for Appeal Rights Review can be found HERE.

It is to the employer’s advantage to seek a non-charging status when any of its former employees apply for unemployment insurance benefits and limit the payment amounts from its experience account.  The Department can still require the employer to pay benefits for the claimant even if the claimant received a disqualification.  An employer’s account is charged when it did not complete and return the form UI-350 within the ten-day deadline required by Neb. Rev. Stat. § 48-632.  Although there is no penalty or fine for the employer not returning the Request for Appeal Rights Review or withdrawing the appeal.  The employer’s charging status will simply remain charged for the claimant in question.

The Notice of Appeal Filed form that the employer received verifies that the appeal was filed. The employer should take note that the case has been assigned a Docket Number, which can be found on the upper right-hand corner of the Notice of Appeal Filed. During the appeal process, the employer should refer to the case by the Docket Number. The employer should also make sure that all paperwork submitted to the Tribunal has the Docket Number on it.

An example of Notice of Appeal Filed form can be found HERE.

When an employer files an appeal, the employer becomes the "Appellant." That is the legal term used for a party filing the appeal. The other parties involved in the case are called "respondents" or "appellees." On the back of the Notice of Appeal Filed form, there are guidelines to preparing for the hearing. The employer should know these rules as it gathers information.

Also on the Notice of Appeal Filed will be a short statement in the middle of the page that states the reason that the employer is appealing. Because this will be part of the file and sent to the claimant, this statement will serve as the factual reason the employer is appealing.

This form states the time and date of the appeal hearing. It also has other guidelines on the telephone hearing. If the employer is the Appellant or the party filing the appeal, it will then be required to attend the hearing. If the employer does not appear for this hearing, the appeal may then be dismissed. An example of the Notice of Telephone Hearing can be found HERE.

In the middle of the page is the line that starts with the phrase NOTICE IS HEREBY GIVEN. This line follows with a statement of law. This statement will serve as the legal reason the employer is appealing this case.

This is a very important form. The Tribunal has sent this form so the employer can write down the names and telephone numbers of its witnesses and immediately return it to the Tribunal. This form also alerts the parties of the date and time of the appeal hearing. The employer may return the complete form to the Nebraska Appeal Tribunal by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

As soon as the employer receives the notice of appeal, it should start preparing for the hearing. Although the Tribunal cannot offer legal advice, the Tribunal recommends some basic steps employers should take in the appeal process.

The employer should carefully read all documents sent regarding the appeal. The best place to start is with the Notice of Adjudicator's Determination. In the middle of that form, it should tell the issues of the appeal or the reason why the claimant was granted or denied benefits.

The employer should try to focus on presenting RELEVANT information for the case. First and foremost, the employer should identify the purpose of the hearing and what type of case this is. If this is a charging appeal, the employer should not focus on offering evidence of how the claimant was discharged for misconduct. Likewise, the employer should not focus on it charging account when the issue of the hearing involves whether or not the claimant was discharged or voluntarily quit his or her job.

The employer should also aim to present any testimony or documents in an efficient manner. Each hearing is allotted a block of time not to exceed one hour and the Administrative Law Judges hear several cases in one day. The employer should plan to present its case in minutes, not hours or days. Submitting piles of documents may obscure the few that could make or break the case. The employer should only plan to submit documents that are relevant and not repetitive.

The employer should plan to have witnesses available on the date of the hearing. The employer should also have witnesses at a place that is not noisy or crowded. Witnesses should be free from distractions for at least one hour on the date of hearing. To ensure that witnesses are heard by the Judge and all parties, a witness should use a dedicated telephone line. If at all possible, witnesses should avoid using cordless or cellular telephone because reception may be limited. If a witness must use a cell phone, that witness should not operate a motor vehicle or operate machinery during the hearing. A witness should make sure he or she is in a place that has good reception, their telephone is charged, and with have ample time available for this hearing.

According to 224 NAC 1(015), the Administrative Law Judge shall have the right in his or her discretion to limit the number of witnesses whose testimony may be incompetent, irrelevant, immaterial , or unduly repetitious and may also limit the cross examination of witnesses so as not to prolong the hearing unnecessarily and unduly burden the record.

The employer present witnesses to appear at the telephone hearing to testify on its behalf. However, these witnesses should know in advance that they are to appear for the hearing. The employer must make sure that witnesses have agreed to participate in the hearing with the employer before it submits a witness' names and number to the Tribunal.

The best witnesses are those that have information that is relevant to the case, that have information that is material to the case, and that do not simply repeat what others already have said.

A witness should also be available for at least one hour, the time for a normal telephone hearing. A witness should be at a telephone in a place that is not noisy or crowded. The witness should also plan to be free from distractions for at least one hour on the date of hearing. To ensure that the Administrative Law Judge and all parties can hear the witness, he or she should use a dedicated telephone line. If possible, do not use a cordless or cellular telephone because reception may be limited. If your witness must use a cell phone, he or she should not operate a motor vehicle or operate machinery during the hearing. If a witness has a "block" or device that prevents unwanted calls from reaching their phone, they may not be contacted by the Tribunal.

If a witness can appear for only a portion of a hearing, Administrative Law Judge should know this at the beginning of the hearing. Special arrangements may be made at the discretion of the Administrative Law Judge to have that witness testify early so they can be released from the hearing.

Subpoenas can be issued by the Tribunal requiring a witness to attend. To have a subpoena issued, a request must be received by the Tribunal at least FIVE DAYS before the hearing. Employers may request a subpoena for a witness by form HERE.

This form allows answers to be entered in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Employers may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

Although the form allows the user to print answers in the areas provided, it will not save the information on the form once the program is exited. To ensure that information is saved, the user should make sure all information is correct before exiting the form.

The completed subpoena form may be returned to the Nebraska Appeal Tribunal by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941. If the employer fails to provide any of this information or fail to sign the form, the request will not be granted.

An Administrative Law Judge will review the request and rule on whether or not the subpoena will be granted. An Administrative Law Judge may deny the subpoena based on whether or not the witness has relevant information, is material to the case, or is going to offer testimony that other witnesses can provide. As with all other matters, the Tribunal Staff may not give legal advice. The Tribunal staff will not provide reasons or explanation for an Administrative Law Judge's decision on granting or denying a subpoena. All other communications to the Tribunal challenging a Judge's decision will be disregarded.

If the Administrative Law Judge is satisfied that there is sufficient reason for having the witness at the hearing, a subpoena will then be issued. A subpoenaed witness may claim witness fees from the State at a rate fixed by the Commissioner of Labor. Neb. Rev. Stat., §48-643. A witness should apply for fees on the form attached to the subpoena.

It is crucial for the employer to fill out the Telephone Information Return Form. Once complete, it should be sent to the Nebraska Appeal Tribunal by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

If the employer filed the appeal, and fails to complete and return the Telephone Information Return Form, prior to the scheduled hearing date and time, the appeal will be dismissed. If the employer did not file the appeal, but failed to complete and return the Telephone Information Return Form, the employer will then not be called for the hearing and the Administrative Law Judge will make his or her decision on evidence provided by the attending parties.

The employer should list the names and telephone numbers of all witnesses who plan to testify at the hearing. An example of a completed Telephone Information Return Form can be viewed HERE. The employer can also list the names of the witnesses along with their position with the employer. An example of a Telephone Information Return Form with the titles of witnesses can be found HERE.

Attorneys or hearing representatives for the employer should enter their name, address and telephone number in the space provided at the bottom of the information sheet. An example of a Telephone Information Return Form where the employer is represented by a hearing representative or attorney can be found HERE.

If the employer did not receive or lost the Telephone Information Return Form, it may submit the employer's contact information and any witness information on the Employer's Telephone Information Return Form HERE. This form allows the user to type the employer's answers in the spaces provided. Once complete, the user may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. The user may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

According to Title 224 of the Nebraska Administrative Code, Chapter 1(015),

"Documents that are desired to be utilized as evidence should be provided to all other parties prior to the time set for the hearing and sent to the Tribunal at least 24 hours prior to the time of the hearing. The Administrative Law Judges shall have the right in his or her discretion to exclude the number of documents that may be ineffectual, irrelevant, immaterial, or unduly repetitive. 224 NAC 1(015)

The Tribunal has the discretion to create and enforce further rules regarding documentary evidence. Below are instances where exhibits will not be received into evidence.

1. All documents that a party wishes to be submitted into evidence must be submitted to the Nebraska Appeal Tribunal. Documents sent or submitted to other offices of the Nebraska Department of Labor will not be accepted as submitting documents to the Tribunal.
2. Copies of exhibits must be sent to the opposing party prior to the scheduled hearing date. Failure to submit documents to the opposing party may result in the documents not being received into evidence.
3. All documents must be pre-marked in the manner that the party wishes to submit them into evidence. Unless a compelling reason is provided to the Tribunal, any set of documents over a total of 10 pages that is not pre-marked will not be received into evidence.

Although the Tribunal is not bound by the formal rules of evidence, the Tribunal will entertain objections to exhibits based on relevancy, foundation, authenticity and repetition.

The Tribunal does not require that an employer submit the entire Employer handbook, phone records, etc. to have a complete record. Rather, the Tribunal would encourage employers to submit only relevant pages of cumulative sources.

Employers in the health care industry may request that the names of patients or residents whose rights may be affected under the Health Insurance Portability and Accountability Act (HIPAA) be removed from exhibits.

Please note that all documents submitted to the Nebraska Claims Center as part of the UI-350 will NOT become part of the appeal. Should an employer want documents to become part of the hearing record, they must be submitted to the Tribunal and other parties prior to the hearing.

Employers may request a subpoena be issued for documents to any individual or enitiy. The form to request a document subpoena can be found HERE.

This form allows answers to be entered directly in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Employers may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

Although the form allows the user to print answers in the areas provided, it will not save the information on the form once the program is exited. To ensure that information is saved, the user should make sure all information is correct before exiting the form. The completed request form may be returned to the Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

to have a subpoena issued, the request must be received by the Tribunal at least FIVE DAYS before the hearing. An Administrative Law Judge will review the request and rule on whether the subpoena will be granted. An Administrative Law Judge may deny the subpoena should a document is deemed to contain no relevant information or is not material to the case. The Tribunal can also deny a subpoena should the request be for an excessive number of documents in a case. As with all other matter, the Tribunal Staff may not give legal advice. The Tribunal Staff will not provide reasons or explanation for an Administrative Law Judge's decision on granting or denying a subpoena.

The Tribunal requests that all documents be marked so they the Administrative Law Judge and other parties can readily identify the documents during the hearing. The Tribunal recommends that employers use the following identifiers for exhibits:

1. Employers should mark their exhibits in the order they wish to present them to the Tribunal. On the lower right-hand corner, exhibits should be marked starting with number "1", then "2", "3", etc. Please circle the number at the bottom of the page so it may be easily spotted by the Tribunal.
2. If an exhibit should consist of more than one page, each additional page should be marked with both number and alphabet characters. For example, if exhibit 5 has four pages that should be attached, each page should be marked as "5a", "5b", "5c", and "5d".

Employers can identify exhibits simply by writing "Exhibit 1" or "1" on each document. An example of how to mark exhibits can be found HERE.

Here is an example of the wrong and right way to mark and submit exhibits. Acme Widgets discharged claimant John Doe for fighting at work. Doe appeals and the employer wants to submit documents to show that the claimant was discharged for misconduct.

The WRONG way to mark and submit documents can be found HERE.

This is what some attorneys call the "shotgun approach." Not only are the Exhibits unmarked, but there are several out of order and sent in this jumble mess of 36 pages. The Judge that will be required to hear this matter will have to use up 20-30 minutes of hearing time just to unscramble this mess. Unlike an in-person hearing, identifying documents in a telephone hearing is a slow process unless such documents have been pre-marked.

The Administrative Law Judge has the authority not to receive any group of potential exhibits over 10 pages that are not marked prior to the hearing.

For those who reviewed this example will also note several pages of irrelevant material. The claimant was discharged for several outbreaks of fighting with coworkers. However, the employer submitted a reprimand on the claimant's attendance. The claimant's attendance does not seem relevant to the reason that the claimant was discharged.

The employer also sent the Tribunal all 25 pages of the Employer's Handbook. It is not necessary for the employer to send the entire handbook, only the relevant sections of the handbook need to be submitted.

The RIGHT way to mark and submit documents can be found HERE.

In this example, all exhibits are marked. The exhibits were also sent with the Telephone Information Return Form and Certificate of Service. The employer also sent a letter indicating how many exhibits with a brief description of each. The employer also removed any lengthy or irrelevant documents which typically bog down appeal hearings.

Documents should be marked and submitted to the Tribunal with the completed Telephone Information Return Form. Documents can be sent to the Tribunal by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941. As with witnesses, employers should only submit documents that are relevant and material to the case.

Copies of documents may be sent in place of the orginal documents as long as they are legible. Please remember that if documents are faxed or mailed, an employers should premark exhibits or send a letter listing the exhibits.

Copies of proposed exhibits must be sent to all interested parties in the case. An attorney or hearing representative may send a copy of the documents to the party's address listed on the Notice of Appeal Filed or Notice of Telephone Hearing. Documents may be sent opposing parties by U.S. Mail, express mail, facsimile or hand-delivery. Documents may also be sent by certified or registered mail to prove delivery, but it is not required. The Tribunal will accept the Certificate of Service to verify that the documents were sent in a timely manner to other interested parties.

In separation cases, representatives for the employer and claimant are not required to send copies of exhibits to the Department of Labor. In all other cases, such as charging or tax appeals, hearing representatives or attorneys should send copies of any documents to the Nebraska Department of Labor at the address listed on the Notice of Appeal Filed or the Notice of Telephone Hearing.

The Tribunal provides a Certificate of Service form that is located on the Telephone Information Return Form. Tribunal requests that all employers use this form when certifying that documents were sent to interested parties.

A copy of the Certificate of Service should be included with any documents sent to interested parties in an appeal. An example of a completed Certificate of Service can be found HERE.

Requirements and Deadlines from Submitting Exhibits. All exhibits should be submitted to the Tribunal at least 24 hours prior to the hearing. All parties should also be served prior to the hearing. If a party does not receive an exhibit prior to the hearing, the Tribunal may not receive such exhibit.

No. To make sure that the Administrative Law Judges are not prejudiced, a judge will not read the exhibits prior to the hearing. Each Administrative Lay Judge will require that the parties submit everything that he or she want considered during the hearing (or "on the record") so it can be properly identified. That is why it is important that the directions are follower in preparing, sending and presenting documents.

If the employer wants to continue the hearing because one of its witnesses cannot appear, the employer may request a continuance by completing and returning the Employer's Request for Continuance form found HERE.

This form allows answers to be entered in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Employers may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

Although the form allows the user to print answers in the areas provided, it will not save the information on the form once the program is exited. To ensure that information is saved, the user should make sure all information is correct before exiting the form.

To receive a continuance, requests must be received by the Tribunal at least FIVE DAYS before the hearing. The completed request for continuance form may be returned to the Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

Anyone requesting a continuance should be prepared to provide the following:

1. The docket number of its case
2. The name, address and telephone number (with area code) of the individual requesting the continuance.
3. The reason why the employer is requesting a continuance or the reason why any witnesses will not be available by telephone at the scheduled date and time of the hearing, and,
4. Alternate dates and times that the witnesses would be available for the hearing. When suggesting alternative dates, please remember that the Tribunal is only open Monday through Friday, excluding legal holidays as recognized by the state of Nebraska. Hearings will only be scheduled between the hours of 8:30 a.m. to 3:30 p.m. Central Time. No exceptions will be granted.

The Administrative Law Judges have sole discretion on whether or not the continuance will be granted. As with all other matters, the Tribunal Staff may not give legal advice. All other communications to the Tribunal challenging a Judge's decision will be disregarded.

If you are the party that filed the appeal, you may withdraw your appeal by contacting the Tribunal at 402.471.9886, between the hours of 12:00 p.m. and 4:00 p.m., Monday through Friday. When you call, please have your docket number of your appeal available so Tribunal staff can promptly find the case file.

Employers and their attorneys or representatives should go through a simple checklist prior to hearing:

1. Is the place that the witnesses will be during the hearing free from distractions?
2. Are witnesses provided with telephones that are in good working conditions?
3. Have all witnesses been notified to appear at this hearing?
4. Are all of the witnesses' names and numbers on the Telephone Information Return Form?
5. Was the Telephone Information Return Form to the Tribunal?
6. Were all documents sent to the Tribunal? If so, were they also mailed to the claimant and other interested parties?
7. Was the Certificate of Service form on the Telephone Information Return Form completed?

Testimony and documents should be organized so they can be presented in a concise, orderly and efficient manner. These hearings are only scheduled for an hour and the Administrative Law Judges hear several cases in one day. Each party should plan to present its case in minutes, not hours or days. 

The hearing will be conducted so as to allow each party to present his or her side of the case and ask questions of the other party. The hearing will proceed with one witness at a time and each witness will have a chance to present testimony when it is their turn. Hearing participants are expected to conduct themselves in a courteous manner. The Administrative Law Judge will determine who is to testify first. Other interested parties will then have an opportunity to present their side of the case.

Pay close attention when the Administrative Law Judge is stating the rules and procedure for the hearing. The procedure is designed to permit the discovery of all facts necessary for the Administrative Law Judge to reach a fair decision in the case. The Administrative Law Judge has sole authority for the conduct of the hearing. He or she will:

1. Explain the issues and the meaning of the terms which the parties do not understand;
2. Explain the order of the testimony, questioning and rebuttal;
3. If necessary, assist the parties in questioning witnesses;
4. Question parties and witnesses to discover the necessary facts;
5. Determine whether testimony and documents being offered should be received; and
6. Require parties to give a proper background for secondary evidence, documents and opinion testimony.

The Administrative Law Judge needs to follow strict rules on testimony because all the hearings are recorded and the Judge is required to establish a record of the hearing. Before any witness testifies, the Administrative Law Judge will give an oath that the witness will tell the truth during their testimony. With hearings being performed over the telephone, it is also difficult to distinguish who was testifying when several witnesses are talking at the same time.

It is important that only one individual speaks at a time. Participants should not blurt out testimony because they may not be under oath and such statements may not be admissible for the record. Witnesses should also not be interrupted because it may be difficult for an Administrative Law Judge to tell what party was speaking when they review the recording in making a decision.

Hearing participants should remember that the Administrative Law Judge will give each witness plenty of time to be heard on this issue. However, should a participant use foul or abusive language, or the testimony becomes repetitive or irrelevant, the Administrative Law Judge has the authority to stop the testimony or disconnect that participant from the hearing.

When a witness from one party has completed testifying, the Administrative Law Judge will ask the other party if it would like to "cross-examine" or ask questions of the witness. Cross-examination is the right to confront each witness and challenge or clarify their testimony. Please note that a party is not required to ask cross-examination questions. If there are no cross-examination questions for a witness, the Administrative Law Judge will then take the testimony of the next witness.

If documents are properly sent to the Tribunal, the Administrative Law Judge will then consider entering the documents into the Tribunal's file. This is also called "receiving exhibits into evidence." It is important that documents are received into evidence because the Administrative Law Judge can then use the documents in making his or her decision. It is also important in the event that the case is appealed, the court reviewing the case can then use these documents in making its decision.

The employer may submit copies of its documents in place of the original documents as long as they are legible. Documents should be marked so the Tribunal and the other parties can identify them during the hearing.

To have a document considered, the employer must tell the Administrative Law Judge what exhibits it wants "marked" or offer into evidence. The best way to prepare exhibits is to number the documents in the order the employer plans to submit them. Numbers should be placed in the bottom right hand corner of each document the employer plans to offer, such as "Exhibit 1, 2, 3." An example of how to mark exhibits can be found HERE.

The Administrative Law Judge will mark each document by affixing each document with the Tribunal's official stamp and assign each exhibit number such as "Exhibit 1." Once marked, the Administrative Law Judge will make sure that all parties have the same documents. Should the employer fail to send documents to the other party, the Administrative Law Judge may not receive the documents into evidence.

The best way to offer documents is during testimony. When witness is testifying that has knowledge of a document, that witness can refer to the exhibit as to what they are and why they are important to the case. A document has been admitted into evidence when the Administrative Law Judge notes the exhibit as being "received."

The Administrative Law Judge has the final say to whether or not exhibits are received into evidence. The Administrative Law Judge can "not receive" exhibits if they are not relevant, are repetitive, or lack foundation. An exhibit that lacks foundation is one that was not properly identified by a witness.

When the parties are finished with presenting the main part of the appeal, the Administrative Law Judge will allow what is called "rebuttal testimony." This time is allowed so each party can put on any additional testimony. This testimony will allow the parties to clarify or contradict any testimony the parties offered before. Each party will be allowed to cross-examine rebuttal witnesses during rebuttal testimony. As with cross-examination, a party is not required to present rebuttal testimony.

Once all the testimony is done, the Administrative Law Judge may allow the parties a few minutes to make a closing argument or statement. As with cross-examinations and rebuttal testimony, the parties are not required to make a closing argument.

The Administrative Law Judge will not disclose his or her decision at the end of the hearing. The Administrative Law Judge will issue a decision in writing that will be mailed to the employer or the employer's legal representative at the address listed on the Notice of Appeal. The decision should be mailed within two weeks after the date of the hearing.

If the employer has a case dismissed because it failed to appear at hearing, the matter can be reconsidered by the Tribunal. The employer may also appeal the Tribunal's dismissal order to the District Court. The request to the Tribunal to reconsider the dismissal order must state reasons in writing on the form provided by the Tribunal.

The Request to Reconsider may be found HERE.

This form allows answers to be entered in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Attorneys and representatives may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

Although the form allows the user to print answers in the areas provided, it will not save the information on the form once the program is exited. To ensure that information is saved, the user should make sure all information is correct before exiting the form. The completed request form must be returned to the Nebraska Appeal Tribunal by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 94600, Lincoln, NE 68941-8941, within 10 days of the date of the decision was mailed. All requests must be made on the form provided. No attachments or other documents will be allowed. As with all other matters, the Tribunal Staff may not give legal advice.

If the employer wishes to appeal the Tribunal's dismissal of a case to the District Court, it must file a "Petition for Review" with the District Court. A Petition for Review must be filed within thirty days of the date of service of the Tribunal's order of dismissal. The date that the order was mailed is stamped on the Tribunal's order. The District Court appeal may be filed: (1) in the District Court of the county in which the individual claiming benefits was last employed or resides; (2) in any District Court of this state upon which the parties may agree; or (3) in the District Court of Lancaster County, Nebraska if (1) or (2) do not apply. Further information about the filing of a Petition for Review with the District Court is available at Neb. Rev. Stat. §48-638 (Nebraska Employment Security Law, Neb. Rev. Stat §84-917 (Administrative Procedures Act), and Neb. Rev. Stat. §25-510.02.

The employer may request that the decision reconsidered. However the Tribunal has sole discretion to determine whether or not to grant such a request.

The employer may request that its appeal be reopened for the purposes of offering evidence or witnesses that were unknown, not discovered through reasonable investigation, and not available at the time of the hearing. The employer may request a reconsideration of the Tribunal's decision should the Administrative Law Judge entering the decision make an incorrect application of Nebraska Law. The employer can also appeal the Tribunal's decision or order to the District Court.

If the employer is requesting the Tribunal reopen or reconsider its decision, it must state the reasons on the Request to Reconsider form HERE.

This form allows answers to be entered in the spaces provided. Once complete, the form may be printed and returned. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. Employers may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided.

Although the form allows the user to print answers in the areas provided, it will not save the information on the form once the program is exited. To ensure that information is saved, the user should make sure all information is correct before exiting the form.

The employer must send its request to the Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941 within 10 days of the date of the decision was mailed. As with all other matters, the Tribunal staff may not give legal advice. All other communications to the Tribunal challenging a Judge's decision will be disregarded.

If the employer wishes to appeal the Tribunal's decision to the District Court, it must file a "Petition for Review" with the District Court. A Petition for Review must be filed within thirty days of the date of service of the Tribunal's decision. The date that the decision was mailed is stamped on the Tribunal's decision or order. The District Court appeal may be filed: (1) in the District Court of the county in which the individual claiming benefits was last employed or resides; (2) in any District Court of this state upon which the parties may agree; or (3) in the District Court of Lancaster County, Nebraska if (1) or (2) do not apply. Further information about the filing of a Petition for Review with the District Court is available at Neb. Rev. Stat. §48-638 (Nebraska Employment Security Law, Neb. Rev. Stat §84-917 (Administrative Procedures Act), and Neb. Rev. Stat. §25-510.02.

The Tribunal's office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. The Tribunal office is closed on Saturdays, Sundays and legal holidays. Parties may contact the Tribunal at (402) 471-9886 or by fax at (402) 471-1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

The Tribunal staff will attempt to assist employers with a questions on information not listed on the Notice of Appeal, the Notice of Telephone Hearing or on this website. Employers should be aware that the Tribunal staff will not accept collect telephone calls and may disconnect a call should the caller become argumentative, abusive or use foul language. The Tribunal and its staff will not give legal advice to claimants and employers. All other communications to the Tribunal challenging an Administrative Law Judge's decision will be disregarded.

http://dol.nebraska.gov/answers/laws/stattoc.cfm

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http://dol.nebraska.gov/answers/laws/toc.cfm