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There are two parties that may file an appeal regarding your unemployment insurance benefits.

1. You (the Claimant): "Claimant" is the term used by the Nebraska Workforce Development to refer to the person that applied for unemployment benefits. When you apply for benefits, a Claims Adjudicator reviews your claim to see if there is any reason you should be denied some or all of your employee benefits. The Claims Adjudicator's decision is based on the information provided to him or her and the application of Nebraska Law. If you are denied benefits, then you can appeal the Claims Adjudicator's decision to the Nebraska Appeal Tribunal.
    
2. Your former employer: Your former employer can also appeal the Claims Adjudicator's decision. This may happen if you were granted benefits and the employer believes that you should be disqualified for benefits or the benefits you received were not properly determined. Why would an employer appeal you receiving benefits? Under Nebraska law, any former employee receiving unemployment benefits may cause the employer's account to be "charged" from the money they have paid into the state for unemployment. This money paid by the employer is called an "experience account." If a claimant is disqualified from some or all benefits, the employer may then apply for its experience account not to be charged. Because it may ultimately save money, some employers challenge when former employees receive benefits. 

You may appeal the Adjudicator's determination by using any one of these three methods:

1. Filing the appeal online through the Benefit Payment System: To file an appeal, you must enter your Social Security Number and Personal Identification Number HERE. Once you have entered this information, you should find a link allowing you to file your appeal online, OR
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 you file an appeal by letter, fax, or via internet, you must state that you are appealing the Adjudicator's decision. You should also include a brief statement of the reasons why you are appealing. Should you want to speed up the Appeal process, you should attach a copy of the Notice of Adjudicator's Determination with the appeal letter.

You should note that throughout this website references made to the Claims Center and to the Nebraska Appeal Tribunal. These are two separate and distinct units. Reporting to the Claims Center does not satisfy reporting obligations to the Appeal Tribunal and visa-versa. You should use care to distinguish between these two entities. 

There are no fees required to file your appeal. The Tribunal will not give you legal advice, provide you with an attorney, accept collect telephone calls or accept mail with insufficient postage.

On the Notice of Adjudicator's Determination, there will be a sentence that tells you what the Adjudicator found and why. It will then tell you if you have been disqualified for benefits. You can see an example of a Notice of Adjudicator's Determination HERE. You can write your letter based 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.

Your appeal should specifically address the reason why you quit or were fired. A good example would be:

"I quit the employer because I moved to Georgia when my husband was transferred there," or "I was terminated from my job because the employer was having budget problems."

Your appeal should not address problems like you need money or disagree with the length of disqualification. Examples would be: "I need money" or "I don't like the 13 week disqualification."

If you do not appeal the correct determination or specify a reason for your appeal, the Tribunal may request that you specify a reason for your appeal by issuing an Order for More Definite Statement. If you receive an Order for More Definite Statement, you will need to provide a specific reason for you appeal within the time required. If you fail to respond to the Order for More Definite Statement, you appeal may be dismissed.

The law states that any claimant shall be liable to repay any benefits that you claimed and received. If you have a determination that states you must repay benefits, you will specifically need to address the overpayment when you appeal.

You should also remember that if you subsequently are found not entitled to benefits as a result of a decision of the Nebraska Appeal Tribunal, you will be liable to repay those benefits. Under Neb. Rev. Stat. § 48-665, you are not allowed to retain benefits to which you were not entitled to receive, even though the benefits may have been received through no fault of your own.

If you would like to talk to the Department regarding your overpayment or negotiate a payment plan to repay benefits, you can contact the Benefit Payment Control Unit at 402.471.2865.

If you appeal, your claim will be set for hearing before an Administrative Law Judge. The hearing is like a trial; except that the hearings are performed over the telephone rather than in person and the proceedings are not as formal as court cases you would see in your local courtroom or on television.

The most important thing to know about the hearing is that if you fail to participate, your appeal will then be dismissed and you will be denied some benefits. It is important that you follow the information below for your side to be considered.

When an employer is appealing, then they are challenging the fact that you are receiving unemployment benefits. You are not required to participate in the appeal process or the hearing. By failing to participate, you may be disqualified for some or all of your unemployment benefits.

The hearing is required by law to allow all parties concerned with your benefits to be heard. This is your last opportunity to be heard on the matter.

However, if you fail to show up for the appeal that you filed, it will be dismissed and you may not have another chance to challenge your disqualification of benefits. Should the employer appeal and you do not appear for the hearing, the Administrative Law Judge will proceed with the hearing and make his or her decision on what your former employer said or presented. That could mean that you may lose some or all of your unemployment benefits should you ignore their appeal.

If you are still unemployed, you may continue to file claims at the times designated by the Claims Center while your appeal is pending. The law states that any claimant shall be liable to repay any benefits already claimed and received to which the claimant is subsequently found not entitled as a result of a decision of the Nebraska Appeal Tribunal. (Neb. Rev. Stat. §48-665). Questions concerning the filing of weekly claims for benefits should be directed to the Nebraska Claims Center at 402.458.2500.

If you need an interpreter, or other special accommodations because of disability, you can request such arrangements be made. For individuals that need an interpreter to translate another language to English, requests may be made on the Telephone Information Return Form.

For the hearing impaired, please request special accommodations on the form found HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the 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 Tribunal must receive your appeal within 20 calendar days of the date of issuance of the Claims Adjudicator's determination. Neb. Rev. Stat., §48-634. You can see an example of a Notice of Adjudicator's Determination HERE.

The date of issuance is located in a small box titled “Date Mailed” on the top of the Notice of Adjudicator's Determination. You can see an example of a Notice of Adjudicator's Determination with the “Date Mailed” area in a yellow box HERE.

As noted above, the appeal deadline is measured in CALENDAR days, not business days. That means the 20 days you have to appeal will include weekend and holiday 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 your appeal time falls on a Sunday, you will be given an extra day to file your appeal.

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

Once your appeal has been filed, you will receive a "Notice of Appeal Filed." You can see an example of the Notice of Appeal Filed form you will receive once your appeal is filed HERE. If you do not receive a Notice of Appeal Filed in the mail within a few days after filing your appeal, you may want to contact the Tribunal at 402.471.9886 (this is NOT a toll-free number).

If you received a document titled “Order to Show Cause,” this means that your appeal was received but not within the 20-day deadline. You will then be told in the Order to Show Cause that you will need to tell the Tribunal why your appeal was late. You may reply to the Order to Show Cause by using the Response to Show Cause Order form found HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING. If you do not provide the information required, your response to the Show Cause Order will be ignored.

You have 10 CALENDAR days from the date the Order to Show Cause was issued to return their response. The Tribunal has the sole discretion or whether or not to allow a late appeal to proceed or to be dismissed. If the Tribunal finds “good cause” or a good reason why your appeal was late, then your appeal would continue as if you filed on time. Whether or not you have satisfied conditions based on Nebraska law, to allow your appeal to continue is determined by the Tribunal. 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.

You may reply to the Order to Show Cause by using the Response to Show Cause Order form found HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING. If you do not provide the information required, your response to the Show Cause Order will be ignored.

You have 10 CALENDAR days from the date the Order to Show Cause was issued to return their response. The Tribunal has the sole discretion or whether or not to allow a late appeal to proceed or to be dismissed. If the Tribunal finds “good cause” or a good reason why your appeal was late, then your appeal would continue as if you filed on time. Whether or not you have satisfied conditions based on Nebraska law, to allow your appeal to continue is determined by the Tribunal. 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 received a document titled “Order for More Definite Statement,” this means that your appeal was received but it is not clear of the reason for your appeal. This could be because you had appealed the wrong determination, or you are asking the Tribunal for a solution that is beyond its authority.  Sometimes orders are sent if you appealed online and the appeal statement simply does not make sense.

You may reply to the Order to Show Cause by using the Response to Order for More Definite Statement form found HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED. If you do not provide the information required, your response to the for More Definite Statement will be ignored.

You have 10 CALENDAR days from the date the Order for More Definite Statement was issued to return their response. The Tribunal has the sole discretion or whether or not to allow a late appeal to proceed or to be dismissed. If the Tribunal finds a good reason for your appeal, then your appeal will be set for hearing. Whether or not you have satisfied conditions based on Nebraska law, to allow your appeal to continue is determined by the Tribunal. 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.

You may reply to the Order for More Definite Statement by using the Response to Order for More Definite Statement form found HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED. If you do not provide the information required, your response to the Order for More Definite Statement will be ignored.

You have 10 CALENDAR days from the date the Order for More Definite Statement was issued to return their response. The Tribunal has the sole discretion or whether or not to allow the appeal to proceed or to be dismissed. If the Tribunal finds your statement provided good explanation of what you want to appeal or it is something within their authority to consider, then your appeal would continue to hearing. Whether or not you have satisfied conditions based on Nebraska law, to allow your appeal to continue is determined by the Tribunal. 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.

Although you are not required to have an attorney for the appeal, you may hire an attorney to represent you at your expense. The Judge hearing your case may question the parties or witnesses to develop the record. It is, however, your responsibility to present your side of the case.

The Tribunal staff cannot give legal advice to claimants or employers. You 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.

There are several legal services that provide free representation to people with low incomes. Just because you are currently unemployed, it does not automatically qualify you for free representation. You will have to meet the income and eligibility requirements to receive legal services.

Legal Aid of Nebraska: 877.250.2016 (This is a toll-free number)
Legal Aid of Nebraska is a non-profit organization that will provide advice or representation to people with limited incomes. Because of the number of calls received each day, those looking for advice should be told to be patient when they call. Some callers may need to wait five minutes or more before talking directly to a staff member. For more information, you can visit Legal Aid's website HERE

Volunteer Lawyer's Project: 800.742.3005. (This is a toll-free number)
The VLP is a part of the Nebraska Bar Association that that will provide advice or representation to people with limited incomes. The VLP lists people who need legal help and attorneys from all over the state that volunteer for a specific case.

University of Nebraska School of Law Civil Clinic. 402.472.3271 (This is NOT a toll-free number): The civil clinic also provides free legal assistance to those with low incomes. Representation in the civil clinic is provided by law students under the supervision of licensed attorneys. The civil clinic's ability to represent people is limited to their case load.

This is the form that may be appealed. The Notice of Adjudicator's Determination tells you whether or not you are disqualified from receiving benefits. You can see an example of the Notice of Adjudicator's Determination form HERE. 

The Notice of Appeal Filed form that you received verifies that your appeal was filed. On the form, you are named as the “Claimant.” You should also notice that your 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, you should refer to your case by the Docket Number. You should also make sure that all paperwork submitted to the Tribunal has the Docket Number on it. You can see an example of Notice of Appeal Filed form HERE.

When you file an appeal, you also become 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 yourself for the hearing. You should familiarize yourself with these rules as you gather information.

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

This form states the time and date of your appeal hearing. It also has other guidelines on the telephone hearing. Please remember that if you are the Appellant or the party filing the appeal, you must attend the hearing. If you filed the appeal and do not appear for this hearing, your appeal will then be dismissed. You can see an example of the Notice of Telephone Hearing 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 you are appealing this case. 

This is a very important form. The Tribunal has sent you this form so you can write down the names and telephone numbers of your witnesses (including yourself) and immediately return it to the Tribunal. This form also tells you of the date and time of your appeal hearing. You may return the completed 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.

You can see an example of the Telephone Information Return Form HERE.

If you did not receive or lost the Telephone Information Return Form, you may submit your contact information and any witness information on the Claimant's Telephone Information Return Form HERE. Claimant Telephone Information Return Form Fillable.PDF. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING. If you cannot find your docket number, make sure and list your social security number in the space marked under “Claimant Information.” The Tribunal will need you to put either the docket number or your social security number (or both) so it can quickly find your case.

As soon as you receive your Notice of Appeal, you should start preparing for the hearing. Although the Tribunal cannot give you legal advice, there are some basic steps you can take to help you through the appeal process.

You should carefully read all the documents sent to you regarding your appeal. The best place to start is with the Notice of Adjudicator's Determination. In the middle of that form, you will find the reason why you were granted or denied benefits.

You should try to focus on presenting RELEVANT information for your appeal. First and foremost, you should remember that this is a hearing on whether or not you should receive Unemployment Insurance benefits according to state law. The Tribunal only has the power to grant or deny benefits under Nebraska Law; it does not have the power to reinstate you at your job or sanction your former employer. 

You should also aim to present any testimony or documents in an efficient manner. These hearings are only scheduled for an hour and the Administrative Law Judges hears several cases in one day. You should plan to present you case in minutes, not hours or days. Submitting piles of documents may obscure the few that could make or break your case. You should only plan to submit documents that are relevant and not repetitive. 

Because these are telephone hearings you should try to do the following:

You may have witnesses appear at the telephone hearing to testify on your behalf. However, you are NOT REQUIRED to have other witnesses than yourself.

Any witness appearing on your behalf should know that they are to appear for the hearing. You must make sure that witnesses have agreed to participate in the hearing with you before you submit their names and numbers to the Tribunal.

You should also remember that hearings are only scheduled for one hour. That means you may only have a half hour to have you and any other witnesses tell your side of what happened. Some people think if they get a bunch of people to show up to the hearing, that they might win. That is not necessarily true. Because of the time limitations, quality is more important than quantity.

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, then please let the Administrative Law Judge know 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. 

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.

Because of these limits, you will want to get the best witnesses for your hearing.

Here is a good example of how to find the best witnesses:

Jane Roe worked for Acme Widgets, LTD where her job included disposing dangerous chemicals. On October 1, 2012, her boss Marvin Acme believed he saw Jane improperly dispose of dangerous chemicals against company policy. Jane was discharged on the spot for violating company policy. Jane applied for unemployment benefits but was disqualified for 14 weeks of benefits because she was found to have been discharged for violating company policy. Jane appealed because she believed she did not violate company policy and disposed of the chemicals properly.

Jane has seven possible witnesses to testify at hearing:

1. Jane Doe because she can testify as to what happened, the employer's rules, and her work habits.
2. Jane's husband John Doe, who heard about what happened to Jane when Jane told him after she got home from work on October 1, 2012. John knows nothing of his wife's work other than she is a hard worker.
3. Sarah Jones, who is Jane's co-worker, was with Jane when they disposed of the chemicals and has worked with Jane for several years. Sarah told Jane that she would testify that Jane properly disposed of the dangerous chemicals and to what the company policy is on disposing chemicals. Sarah will also testify that Jane is a good worker.
4. Dan the Janitor, who was in the area talking to Mr. Acme. Jane does not know Dan's last name or even if Dan actually saw the incident.
5. Gladys Kravitz, who is Jane's neighbor, heard a rumor that Mr. Acme had an affair with a local newscaster two years ago and will testify as to Mr. Acme's character.
6. Dr. Graeme Garden, a doctor who treated Jane three months after she was discharged for depression.
7. Marvin Acme, Jane's Boss. He was the one who fired Jane.

Who are the best witnesses?

The best would be Jane Doe and Sarah Jones. Jane can testify on her own behalf as to what happened and the company's rules. Sarah can verify Jane's actions and the employer's policies along with Jane's good work habits. Between the two of them, they provide the most relevant testimony in the shortest amount of time. The smartest move would be for Jane to appear only with Sarah.

Why not any of the others?

John Doe would not be a good witness because he has no first-hand knowledge. John only knows what his wife told him. He also would testify that his wife is a good worker, something that Sarah Jones is better at describing. His testimony would only repeat what Sarah and Jane would say and therefore be repetitive or cumulative.

Dan the Janitor is not a good witness for several reasons. The first is Jane does not know Dan's last name. The Tribunal will not contact any witness where the claimant does not know the witnesses last name or telephone number. The Tribunal will also not call anyone who does not agree to appear at the hearing. Jane also does not know what Dan saw or whether or not he would be a good witness. Good attorneys will tell you never have a witness testify unless you have a good idea of what they would say. That is why Dan is not a good witness.

Gladys Kravitz is a terrible witness. Although she may agree to testify, how does Mr. Acme's affair relate to Jane's case? Some people will say that it goes to Mr. Acme's character. This case is not about Mr. Acme, it is about whether Jane followed company policy. Kravitz's testimony is irrelevant and distracts from good witnesses such as Jane and Sarah.

Dr. Graeme Garden also is an irrelevant witness. This case is about Jane's qualifications for unemployment and why she was discharged. What happened after discharge is usually irrelevant to the hearing.

Marvin Acme is probably the worst witness Jane could call because he fired Jane. Some people think that if they put the person who fired them under oath, that person will blurt a confession as in movies or on TV. A good attorney will tell you that such breakdowns rarely occur in real life. It is best to stick with witnesses that will testify for you, not against you.

Remember, the best witnesses are ones that will have relevant, first-hand information. Quality is better than quantity.

If a witness will not agree to attend the hearing, you may request that the Tribunal issue a subpoena (pronounced suh-pee-na) requiring a witness to attend. To have a subpoena issued, you must make your request at least FIVE DAYS before the hearing.

You may request a subpoena for a witness HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING.

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

You will need to provide the following information on the Witness Subpoena Request form:

1. The docket number of your case,
2. Your name, address and telephone number, with area code.
3. The name and address of the witness to be subpoenaed,
4. Whether or not you have asked this witness to appear by telephone and testify voluntarily, and,
5. Why this witness is necessary for the proper presentation of your case.

If you fail to provide any of this information or fail to sign the form, you request will not be granted.

If the Administrative Law Judge is satisfied that you have 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.

The best way for the Tribunal to know that you want to appear at your hearing is to fill out the Telephone Information Return Form and send it 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.

When you fill out the form, list your name and telephone number first. Then list the names and telephone numbers of your witnesses. You can see an example of how to fill out the Telephone Information Return for yourself and all your witnesses HERE. If you do not have any witnesses and you are not represented by an attorney, you should still place your name and contact number on the form and return it to the Tribunal. You can see an example of the proper way to fill out the Telephone Information Return Form for yourself HERE.

You may submit your contact information and any witness information on the Claimant's Telephone Information Return Form HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING. If you cannot find your docket number, make sure and list your social security number in the space marked under “Claimant Information.” The Tribunal will need you to put either the docket number or your social security number (or both) so it can quickly find your case.

You may submit to the Tribunal a copy of all relevant documents that support your position. Documents must be legible. You must also provide copies to all other interested hearing parties before the date and time of the hearing.

Remember, you are not required to send documents. If you do not have any documents to support your position or do not feel they are necessary, you are not required to submit documents.

You should submit any documents that you believe will support your position, such as letters, medical statements, pay vouchers, employment contracts, and correspondence. The Administrative Law Judge will determine which of these documents are admissible into the hearing record.

No. Documents submitted that were submitted with your appeal DO NOT automatically become part of your appeal if your case involves separating from your former employer.  So those documents can become part of the record, you will need to send copies of those document to your former employer at the address it provided to the Nebraska Department of Labor.  The employer's address as provided to the Nebraska Department of Labor can be found on the Notice of Appeal Filed and the Notice of Telephone Hearing.

According to the Nebraska Administrative Code:

“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)

This means that the Tribunal has the discretion to create and enforce further rules regarding documentary evidence. The Tribunal also has the final word on accepting or rejecting any documents you or other parties submit for a hearing. Below are instances where your exhibits may not be received into evidence.

1. Documents that you wish to be submitted into evidence for the hearing must be submitted to the Nebraska Appeal Tribunal. Documents sent or submitted to other offices of the Nebraska Department of Labor, such as the Claims Center, will not be accepted as submitting documents to the Tribunal.
2. Copies of exhibits must be sent to the employer BEFORE the scheduled hearing date. Failure to submit documents to the employer will result in the documents not being received into evidence.
3. All documents must be pre-marked in the manner that you wish to submit them into evidence. If you do not mark your documents, the Tribunal can reject any set of documents over a total of 10 pages that is not pre-marked.

You should send all documents that are relevant to your case. You should also remember that these hearings are only one hour in length and you will have to use your time wisely. As with witnesses, quality is better than quantity. You should also send your documents with your Telephone Information Hearing Form and the Certificate of Service completed. You should also remember to mark your documents and send a copy to the employer or other interested parties. The sections below will explain how to mark documents and complete the certificate of service.

You should not send items that are not relevant to your case. Those items can be a distraction from what it important in your case. You should also not send stacks and stacks of exhibits when only a few will do. Remember, these hearings only last an hour and the judges may not have time to look over every page that you send. Finally you do not need to send back documents set to you by the Tribunal or the Nebraska Department of Labor that do not need to be returned such as your Notice of Appeal Filed or your Notice of Telephone Hearing.

Here are examples of the Right and Wrong way to submit exhibits.

Jane Doe voluntarily quit her job with her employer, Acme Widgets, LTD because of rheumatoid arthritis. Jane applied for and received unemployment benefits. Acme appealed to the Tribunal stating that Jane did not have arthritis and was fired because she violated Acme's code of conduct. Because Jane was fired, Acme claims that Jane should be disqualified for 14 weeks of unemployment insurance benefits.

Jane has copies of her medical bills, a note from her doctor written before she quit stating that she needed to be on light duty, an e-mail verifying that she provided a copy of the doctor's note, a letter from her doctor verifying that she had arthritis, and a copy of the employee's handbook. She would like to send the right exhibits to the Tribunal. What are the right way and wrong way to send documents to the Tribunal?

The RIGHT way to send documents can be found HERE. The right documents to send would be the note from her doctor written before she quit stating that she needed to be on light duty, an e-mail verifying that she provided a copy of the doctor's note, a letter from her doctor verifying that she had arthritis, and the relevant section of the employee's handbook. Notice how the documents are neatly organized and marked so all parties can logically follow what Jane is trying to prove. Finally, Jane attached the documents to her Telephone Information Return Form and Certificate of service with a letter identifying her exhibits.

The WRONG way to send documents can be found HERE. This is called the “shotgun” approach where a claimant thinks that the more documents sent to the Tribunal will increase their chances of winning a case. This is just plain wrong. A judge does not have the time to file through all the documents and figure out what is relevant and what is not. Jane should have organized documents so they make sense and leave out documents that are not relevant to her case such as her medical bills. Jane did not need to send all 25 pages of the employee handbook when the Code of Conduct was contained solely on one page (page 19). As with witnesses, quality is better than quantity.

The best way to submit documents for your hearing is to send them with your Telephone Information Return 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 with witnesses, you should only submit documents that are relevant and material to your case.

You may submit copies of your documents in place of the original documents as long as they are legible. You should also mark your documents so the Tribunal and the other parties can identify them during the hearing.

The best way to identify documents is to number the documents in the order you plan to submit them. Numbers should be placed in the bottom right hand corner of each document you plan to offer, such as "Exhibit 1, 2, 3." You can find an example of how to mark exhibits HERE.

On the front of the Telephone Information Return Form there is a section titled "Certificate of Service." You should fill out the information on this form proving that you sent copies of the documents to the employer in this case, click HERE. 

If another party has documents that you want to present on your behalf, you may request a subpoena be issued requiring those documents be provided to you.

You may request a subpoena for documents HERE. This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You 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 you to print your answers in the areas provided, it will not save the information on the form once you exit the program. To ensure that your information is saved, you should make sure all information is correct before exiting the form.

To have a subpoena issued, your request must be received by the Tribunal at least FIVE DAYS before the hearing. You may return the completed subpoena form to the Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 94600, Lincoln, NE 68509-8941.

An Administrative Law Judge will review your 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 a document has relevant information or is material to the case. The Tribunal can also deny a subpoena should you request an excessive number of documents in a case. 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.

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 Law 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 you follow the directions in preparing, sending and presenting your documents.

If you want to continue your hearing, you may request a continuance by completing and returning the Claimant's Request for Continuance form found HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING.

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

You will need to provide the following information.

1. The docket number of your case
2. Your name, address, and phone number (with area code),
3. The reason why you are asking for a continuance and the reason why you will not be available by telephone at the scheduled date and time of the hearing, and,
4. Alternate dates and times that you 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 your 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 want to continue your hearing because one of your witnesses cannot appear, you may request a continuance by completing and returning the Claimant's Request for Continuance form found HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING.

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

You will need to provide the following information.

1. The docket number of your case
2. Your name, address, and phone number (with area code),
3. The reason why you are asking for a continuance or the reason why your witness(es) will not be available by telephone at the scheduled date and time of the hearing, and,
4. Alternate dates and times that your witness(es) 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 your 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 your case file.

You may also send a written request to withdraw your appeal to the Tribunal. It is important that your letter states your name, address, social security number or docket number. Your letter must also state that you want to withdraw your appeal and that the letter is signed by you. You should also put your docket number in your letter. Please send your letter to Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941. You can see an example of how to cancel your appeal HERE.

If you want to withdraw your appeal by e-mail, please do so by sending it to the Tribunal's e-mail address of ndol.appeals@nebraska.gov.  To insure that you clearly want to withdraw your appeal, please include your docket number and the word "withdraw of appeal: in the subject line (example "Docket Number 13 99999 withdraw of appeal."

In the e-mail, please include your docket number, full name, mailing address (with city, state, and zip code), telephone number, and a brief statement of your intent to withdraw your appeal.  If you have more than one appeal, please indicate the appeals that you wish to withdraw.   The Tribunal also prefers (but it is not required) the documents bear your electronic signature.  If you are unable to e-mail a withdraw to the Tribunal, you may send your withdraw statement to Nebraska Appeal Tribunal by fax at 402.471.1734 or by mail to Nebraska Appeal Tribunal, P.O. Box 98941, Lincoln, NE 68509-8941.

You may also cancel your appeal at the time of the hearing. When the Administrative Law Judge contacts you at the time of the hearing, you may tell the Administrative Law Judge that you want to withdraw or cancel your appeal. The Administrative Law Judge may request that you do so "on the record" so the Administrative Law Judge knows that it is you who wants to cancel the appeal and not anyone else.

You should go through a simple checklist and ask yourself the following questions

1. Is the place that I will be during the hearing free from distractions?
2. Does my telephone work? Does it have enough power for an hour-long hearing?
3. Did I tell my witnesses that I wanted them to appear at this hearing?
4. Did I list all my witnesses' names and numbers on the Telephone Information Return Form?
5. Did I list my own name and telephone number on the Telephone Information Return Form?
6. Did I send in my Telephone Information Return Form to the Tribunal?
7. Did I have any documents to send to the Tribunal? If so, were they also mailed to the employer?
8. Did I fill out the Certificate of Service form on the Telephone Information Return Form?

You should organize any testimony or documents 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. Plan to present you case 30 minutes or less, 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. 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.

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

The Administrative Law Judge will 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. Do not blurt out testimony as it may not be under oath and not admissible in the record. You should also not interrupt because it later may be difficult for an Administrative Law Judge to tell who was speaking when they review the recording in making a decision.

You should present your side of the case briefly and in an orderly manner. If you have trouble remembering what you want to say, you may wish to make notes to which you can refer during the hearing. If the Administrative Law Judge asks you a question about the case, answer carefully and accurately.

Always remember to speak clearly so you can be understood for the record. Also remember to make sure you are free from noise or distractions during the hearing and have a telephone in good working order. 

When a witness for the other side is done testifying, the Administrative Law Judge will ask you if you would like to "cross-examine" or ask questions of the witness. Cross-examination is your right to confront each witness and challenge or clarify their testimony.

According to 224 NAC 1(015), the Administrative Law Judge shall have the right in his or her discretion to limit the cross examination of witnesses so as not to prolong the hearing unnecessarily and unduly burden the record.

Please note that you are not required to ask cross-examination questions. If you do not have any questions for the witness, the Administrative Law Judge will simply take the testimony of the next witness.

If you properly send your documents to the Tribunal, the Administrative Law Judge will then consider entering the documents into the evidence. This is also called “receiving exhibits into evidence.” It is important that your 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 your case is appealed, the court reviewing your case can then use these documents in making its decision.

If you wish to have a document considered, you must tell the Administrative Law Judge. The best way to identify documents is to number the documents in the order you plan to submit them. Numbers should be placed in the bottom right hand corner of each document you plan to offer, such as “Exhibit 1, 2, 3.” You can find an example of how to mark exhibits 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 both you and the employer have the same documents. Should you have failed to send documents to the other party, the Administrative Law Judge may not consider your documents!

The best way to offer your documents is during your testimony. When you are testifying, you can refer to your documents as to what they are and why they are important to your case. If you are unsure how to do this, you may then request help from the Administrative Law Judge. You will know if the documents have been admitted into evidence when the Administrative Law Judge says the exhibit is “received.”

Please remember that the Administrative Law Judge has the final say to whether or not your exhibits are received into evidence. The Administrative Law Judge will not “receive” your exhibits if they are not relevant, are repetitive, or lack foundation. An exhibit that lacks foundation is one that was not properly identified by you or your witnesses. 

When both you and the employer are finished with presenting the main part of your appeal, the Administrative Law Judge will allow what is called "rebuttal testimony." This time is allowed so you or the employer 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, you are not required to make rebuttal testimony.

Once all the testimony is done, the Administrative Law Judge may allow you and the employer a few minutes to make a closing argument or statement. That means if you want to summarize why you should receive benefits or why the Adjudicator's decision was wrong, you may do so at that time. As with cross-examinations and rebuttal testimony, you are not required to make a closing argument. 

The Administrative Law Judge will not tell you of 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 you at your last known address. The decision should be mailed to you within two weeks after the date of the hearing.

If you are still unemployed, you may continue to file claims at the times designated by the Claims Center while your appeal is pending. The law states that any claimant shall be liable to repay any benefits already claimed and received to which the claimant is subsequently found not entitled as a result of a decision of the Nebraska Appeal Tribunal. (Neb. Rev. Stat., § 48-665). Questions concerning the filing of weekly claims for benefits should be directed to the Nebraska Claims Center at 402.458.2500.  

If the Judge dismissed your appeal because, for some reason, you did not appear at the hearing, you may request that the hearing be reopened. However the Tribunal has sole discretion to determine whether or not to grant your request.

If you are requesting the Tribunal reopen or reconsider the order dismissing, you must state your reasons on the Request to Reconsider form HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING.

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

You should provide a good reason for not being available at the time of the hearing. If you did submit a Telephone Information Return Form, you should provide a copy of it attached with the Request to Reconsider form. You must send your 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 you did not submit your Request to Reconsider in time, you may appeal the Tribunal's order dismissing your case to the District Court. In applying to the District Court, you must file a “Petition for Review” which must be filed within thirty days of the date of service of the Tribunal's order dismissing the appeal. 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.

As with all other matters, the Tribunal and its staff will not give legal advice to claimants and employers. We will not assist any party in filing an appeal to District Court. The Tribunal does not have Petition for Review forms to the District Court available. If you want advice on filing an appeal to District Court, you may then want to contact an attorney.

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

You may request that your 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.

You may request a reconsideration of the Tribunal's decision should the Administrative Law Judge entering the decision make an incorrect application of Nebraska Law. You can also appeal the Tribunal's decision or order to the District Court.

If you are requesting the Tribunal reopen or reconsider its decision, you must state your reasons on the Request to Reconsider form HERE.

This form allows you to type your answers in the spaces provided. Once complete, you may print this form. Please remember to SIGN and DATE this request before sending it to the Nebraska Appeal Tribunal. You may also print the form and fill in the answers by either printing or typing the answers neatly in the space provided. You should also list the DOCKET NUMBER of your case in the space required. If you do not know your docket number, you can find it in the upper right-hand corner of the NOTICE OF APPEAL FILED or the NOTICE OF TELEPHONE HEARING.

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

You must send your 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 you wish to appeal the Tribunal's decision to the District Court, you 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. 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. You may contact the Tribunal at (402) 471-9886. You may also contact the Tribunal 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 you with a question you may have on information not listed on the Notice of Appeal, the Notice of Telephone Hearing or on this website. Please 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 a Judge's decision will be disregarded.

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