How to Appeal a Decision by the Unemployment Board of Review

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How to Appeal a Decision by the Unemployment Board of Review

Read this to learn how to ask the Superior Court to review a final decision by the Unemployment Board of Review.

You have a right to appeal the Board of Review’s decision to Superior Court.   If you appeal, the court will NOT hold another hearing where you can testify about what happened on the job. The court will NOT look at any new evidence.  The court will NOT decide who was more believable at the referee hearing (the hearing that came after the fact-finding hearing).  The court will only decide if the Board’s decision is supported by the documents and testimony from your referee hearing and if the Board correctly applied the law. 

If you don’t like the Board’s decision but there are no major mistakes, the court probably will not change the Board’s decision.  You can find out if the Board’s decision contains major mistakes by listening to the recording of the referee hearing and reading the documents from the hearing.  You can request the recording of the hearing and the documents from the Board.  The Board charges five dollars for the CD of the hearing but will give the CD to you for free if you tell the Board that you cannot afford to pay five dollars.  You should request the CD and documents as soon as you get the Board’s decision since you only have 30 days to file your appeal in court after the Board’s decision. 

If you decide to file a court appeal, you must also decide whether you want the court to correct the Board’s findings of fact (and the referee’s findings that the Board adopted).  If so, you must request a transcript of the referee hearing.  But you need to file your appeal before you can get the transcript.   The instructions below tell you how and when to request a copy of the transcript.  (See Step 2.)  After you get the transcript, read the Board’s decision.  If there is something the Board said that is NOT supported by the transcript of the referee hearing, you must ask the Board to correct the wrong facts as part of your appeal to court. (See Step 4.)

File your appeal within 30 days of the Board’s decision.  Follow these 6 steps.

1. File an Appeal and Request for an Extension of Time to File a Motion to Correct Findings.

You need an extension of time to get the transcript from your referee hearing.  You need the transcript to correct any major mistakes in the Board’s Findings of Fact. 

  •  In the first box, write, “I disagree with the decision and I want to appeal. (State the reasons that you disagree with the Board’s decision.) I also request an extension of time to file a Motion to Correct Findings until 30 days after the Board files its transcript with the court and I receive a copy.”
  • Keep a copy of your appeal confirmation.

Or

  • Write and mail your Appeal.  It should look like this:

[Your name and address]

[Board Case Number]

Appeal to Superior Court from Decision of the Employment Security Board of Review

I disagree with the decision and I want to appeal.  (State the reasons that you disagree with the Board’s decision.)  I also request an extension of time to file a Motion to Correct Findings until 30 days after the Board files its transcript with the court and I receive a copy. 

[Your signature and the date]

Give your Appeal to the Board by fax (860-263-6977), mail, or in person:

38 Wolcott Hill Road
Wethersfield, CT 06109

Remember!  Always keep a copy of your paperwork.

2. File a Motion for Transcript (with the court, not with the Board)

The Board will mail you a notice that says “Record of Proceedings before the Employment Security Appeals Division- Board of Review.”  The notice lists the documents from your unemployment hearing that the Board sent to the court (called the “certified record”) and the location of the court that has your case. Once you get the notice, immediately write a Motion for Transcript.  It should look like this:

[Your name]

[The other party’s name]

[Court Docket Number]

Motion for Transcript

I am appealing the decision of the Board of Review in this case and ask the court to order the Board to prepare and certify a transcript of the referee hearing.

[Your signature, printed name, address, and the date]

Give your Motion for Transcript to the:

  • court that has your case in person, by mail, by fax and by Efile (original)
  • other parties in your case, usually your employer, the Attorney General’s office (represents the Administrator) and the Board, by mail or fax (copies)

If you’re not sure who the other parties are, or the location of the court that has your case, go to www.jud.ct.gov, ask at a court service center, or contact the Board.

Remember!  If you need help, visit the Court Service Center in the courthouse.

3. Read the transcript.

When the transcript is ready you will get a notice.  You can get a copy from the Board (860-566-3045).  You will have to pay $0.25 per page. 

Read the transcript and the Board’s decision.  Is the Board’s decision supported by facts in the transcript?  Make sure that your hearing transcript proves what the Board says happened.

4. File a Motion to Correct Findings

If there is something that the Board says happened that was NOT proven in your hearing transcript, write a Motion to Correct Findings. It should look like this:

[Your name and address]

[Board Case Number]

Please correct the following Findings of Fact:

[Explain why a Finding of Fact is wrong.   For example, “Finding of Fact #3 says I didn’t go to work on Wednesday, April 12, 2013.  At my hearing I said that I did go to work that day and my employer didn’t deny it.”  Write the page numbers of the transcript that support what you say]. 

[Your signature and the date]

Attach the pages of the transcript that support what you say.

Give your Motion to Correct Findings to the Board by fax (860-263-6977), mail, or in person:

38 Wolcott Hill Road
Wethersfield, CT 06109

5. File an Amended Appeal Petition.

The Board will review your Motion to Correct Findings.  The Board may deny your requests for corrections. After the Board decides your Motion to Correct findings, it sends (“certifies”) the motion, notice, any written arguments and the decision to the court.  The Board will send you a notice that it has sent these documents to the court.   If the Board denies your requests, you can ask the court to review the Board’s decision by filing with the court an Amended Appeal Petition.  It should look like this:

[Your name and address]

[Court Docket Number]

Amended Appeal Petition

I disagree with the Board’s decision on my Motion to Correct Findings. I am amending my Appeal Petition to claim the Board made errors in its findings of fact.

 [Your signature and the date]

Give your Amended Appeal Petition to the:

  • court that has your case in person, by mail, by fax and by Efile (original)
  • other parties in your case, usually your employer, the Attorney General’s Office,  and the Board, by mail or fax (copies)

Note:  You only have 2 weeks after the Board mailed the denial to file your Amended Appeal Petition with the court!

6. Follow the instructions from the court.

The court will mail you papers within 4 weeks.  The papers will list a court date and docket number for your case.  The week before your court date, you must call the court at the number on your papers.  Follow the instructions on the papers. If you do not get papers from the court within four weeks of filing your Amended Appeal Petition, call the court.

Ask the court service center any questions you have about what happens next.

Document…

Send it?

Send to…

Appeal and Request for Extension of Time to File a Motion to Correct

Or file online

In the first box, write, “I disagree with the decision and I want to appeal. (State the reasons you disagree with the Board’s decision.) I also request an extension of time to file a Motion to Correct Findings.”

Yes












Board of Review by

  • Fax (860-263-6977)
  • Mail or in person
    38 Wolcott Hill Road
    Wethersfield, CT 06109

If you filed online, you don’t need to send anything else.





THEN

 

 

Motion for Transcript











Yes












Court that has your case (original)

AND

Other parties in your case (copies)

If you aren’t sure which court has your case or who the other parties are, visit the court service center.  Find out more here: http://www.jud.ct.gov/csc/default.htm

THEN

 

 

Motion to Correct Findings
















YES if…

There is something the Board said happened that is NOT proved by the facts in the transcript.

NO if…

There is NOT a major mistake in the facts the Board used to make a decision (ex. In the findings of fact, your boss is listed as Sally, but her name is Sue.  This is a mistake, but probably not IMPORTANT to the Board’s decision).

Board of Review by

  • Fax (860-263-6977)
  • Mail or in person
    38 Wolcott Hill Road
    Wethersfield, CT 06109












THEN

 

 

Amended Appeal Petition








 

YES if…

The Board DOES NOT make all of the corrections you asked for in your Motion to Correct Findings






Court that has your case

All parties with appearances at court  (copies)

If you aren’t sure which court has your case, visit the court service center.  Find out more here: http://www.jud.ct.gov/csc/default.htm

Remember! If your address changes tell the court and the Board in writing!

For more information, contact:

Statewide Legal Services: 860-344-0380 (Central CT & Middletown) or 1-800-453-3320 (all other regions).

For people over 60, click here to get help from legal aid.

Not from Connecticut?

Most of the information on this website is for Connecticut residents only.
Find help in another state.

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