Unemployment Insurance Benefits Appeal — Alabama

Unemployment Insurance Benefits Appeal (Alabama)

This template provides a complete Alabama UI appeal package: (A) a Notice of Appeal from an ADOL Notice of Determination to an Administrative Hearing Officer; (B) a pre-hearing brief / position statement; (C) a hearing preparation checklist; (D) an Application for Leave to Appeal to the Board of Appeals; and (E) a Complaint / Notice of Appeal commencing the trial de novo in the Circuit Court of the county of claimant's residence under Ala. Code § 25-4-95.

Alabama Special Feature — Trial De Novo. Alabama is one of only a few states whose UI judicial-review statute provides a trial de novo in circuit court after exhaustion of administrative remedies. Ala. Code § 25-4-95. Unlike record review under the APA, the circuit court hears the case afresh, with witnesses and exhibits presented anew. This is a substantial procedural advantage but requires careful pleading and discovery practice.

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination → Hearing Officer)

STATE OF ALABAMA
DEPARTMENT OF LABOR
HEARINGS AND APPEALS DIVISION

Date: [__/__/____]

To:
Alabama Department of Labor
Hearings and Appeals Division
649 Monroe Street, Montgomery, AL 36131
Online: https://www.labor.alabama.gov/Appeal/Home/ValidateCaptcha

RE: Notice of Appeal from Notice of Determination Pursuant to Ala. Code § 25-4-91

Statement of Appeal

The undersigned, pursuant to Ala. Code § 25-4-91 and Ala. Admin. Code r. 480-1-4-.12, hereby APPEALS the Notice of Determination identified above and requests a hearing before an Administrative Hearing Officer. This appeal is filed within fifteen (15) days of the mailing date of the determination (or seven (7) days of personal delivery), and on or before the FINAL DATE printed on the determination.

Grounds for Appeal

• ☐ The discharge was NOT for misconduct under § 25-4-78(3) — the conduct was inadvertence / single incident / inability / good-faith error
• ☐ I quit with good cause connected with such work under § 25-4-78(2)(b) — specifically: [________________]
• ☐ Unsafe working conditions caused separation
• ☐ Unilateral substantial change in terms / wages / hours
• ☐ Harassment or hostile work environment
• ☐ Family-care or medical necessity recognized under § 25-4-78(2)
• ☐ I was able, available, and actively seeking work under § 25-4-77
• ☐ Wage credits or weekly benefit amount miscalculated under § 25-4-72
• ☐ Overpayment determination is incorrect / waiver applies under § 25-4-145
• ☐ Other: [________________________________]

Late-Filing Good Cause (if past deadline)

• ☐ Notice was mailed to incorrect / outdated address
• ☐ Hospitalization or serious illness (documentation attached)
• ☐ Other circumstances beyond claimant's reasonable control
• Date Notice actually received: [__/__/____]
• Detailed explanation: [________________]

Hearing Logistics

I will continue to call in my weekly claim during the pendency of this appeal to preserve any right to back-pay if I prevail.

Signature: [________________________________]
[Print Name]
Date: [__/__/____]

Part B — Pre-Hearing Brief / Position Statement

STATE OF ALABAMA — DEPARTMENT OF LABOR — HEARINGS AND APPEALS DIVISION

In re Appeal of [Claimant Name]
Docket No.: [____________]
Hearing Date / Time: [__/__/____] at [____] AM/PM (CT)

POSITION STATEMENT — [☐ CLAIMANT ☐ EMPLOYER]

I. Introduction. This appeal arises from a Notice of Determination dated [__/__/____] holding that [summary]. Appellant respectfully requests reversal because the record will show [one-sentence theory].

II. Statement of Facts.

III. Issues Presented.

• ☐ Whether claimant is disqualified under Ala. Code § 25-4-78(2) (voluntary quit)
• ☐ Whether claimant is disqualified under § 25-4-78(3) (discharge for misconduct)
• ☐ Whether claimant met the able and available requirements of § 25-4-77
• ☐ Other: [________________]

IV. Legal Standard.

Misconduct (§ 25-4-78(3)). "Misconduct" requires a deliberate, willful, or wanton disregard of the employer's interest. Mere inefficiency, unsatisfactory conduct, failure of good performance, errors in judgment, or inability to perform are NOT misconduct. Davis v. Stewart Sandwiches Holding Co., 615 So. 2d 91, 92 (Ala. Civ. App. 1992); Ala. Dep't of Indus. Relations v. Wall, 547 So. 2d 853 (Ala. Civ. App. 1989). § 25-4-78(3)(c) further distinguishes between (a) misconduct (8-week disqualification), (b) misconduct after warning, and (c) actual or threatened deliberate misconduct (total disqualification).

Voluntary quit (§ 25-4-78(2)). A quit is disqualifying unless without "good cause connected with such work." § 25-4-78(2)(b). Good cause must be related to the employment and would compel a reasonable person to leave; the claimant must usually give the employer an opportunity to cure. Ex parte Ala. Indus. Relations Bd., 991 So. 2d 1227 (Ala. 2008).

Burden allocation. Employer bears the burden in discharge cases; claimant bears the burden in quit cases.

V. Argument.

[Develop facts and law point-by-point. Cite controlling authorities.]

[________________________________
________________________________
________________________________]

VI. Relief Requested. Appellant respectfully requests that the Hearing Officer REVERSE / MODIFY the Notice of Determination and find the claimant ELIGIBLE / DISQUALIFIED [as applicable] effective [__/__/____].

Dated: [__/__/____]

[________________________________]
[Name; if attorney, ASB No. ____________]
[Firm / address / phone / email]

Exhibit List

Part C — Hearing Preparation Checklist

Pre-Hearing (1–2 weeks out)

• ☐ Calendar 15-day mailing / 7-day delivery appeal deadline (§ 25-4-91(d)(1))
• ☐ Calendar FINAL DATE printed on Notice of Determination
• ☐ Confirm Notice of Hearing; verify Docket No., date, time, hearing officer
• ☐ Identify witnesses; request subpoenas via r. 480-1-4-.06
• ☐ Assemble exhibit binder; number sequentially
• ☐ Continue calling in weekly claim

24–48 Hours Before Hearing

• ☐ Submit exhibits to Hearing Officer AND opposing party
• ☐ Submit Pre-Hearing Brief (Part B)
• ☐ Outline direct examination of own witnesses
• ☐ Outline cross-examination of opposing witnesses
• ☐ Test phone reception; quiet location
• ☐ Confirm interpreter / accommodation

Day of Hearing

• ☐ Ready 15 minutes before scheduled time
• ☐ Have ALL exhibits and Notice of Hearing in front of you
• ☐ Pen and paper for notes
• ☐ Witnesses standing by
• ☐ Speak clearly; identify yourself when speaking
• ☐ State exhibit number when referencing
• ☐ Object on the record: "I object — [hearsay / relevance / foundation]"

Substantive Reminders

• ☐ Discharge cases: Was there a specific rule? Was the claimant on notice? Was the conduct willful/wanton? Address § 25-4-78(3)(c)'s three-tier scheme (8 weeks vs. total disqualification)
• ☐ Quit cases: Did claimant complain before quitting? Did employer get a chance to fix it? Apply Ex parte AIRB standard
• ☐ Address work-search efforts under § 25-4-77(a)(3)
• ☐ Identify any statutory exclusions from disqualification (e.g., domestic violence, medical necessity)
• ☐ Confirm wage-base calculation under § 25-4-72 if WBA at issue

Part D — Application for Leave to Appeal to the Board of Appeals

D.1 — Application for Leave to Appeal

STATE OF ALABAMA
DEPARTMENT OF LABOR
BOARD OF APPEALS

Date: [__/__/____]

To:
Alabama Department of Labor
Board of Appeals
649 Monroe Street, Montgomery, AL 36131
Fax: 334-956-7494

RE: Application for Leave to Appeal to the Board of Appeals Pursuant to Ala. Code § 25-4-92

Pursuant to Ala. Code § 25-4-92 and § 25-4-94, the undersigned hereby APPLIES for leave to appeal the Hearing Officer's Decision identified above to the Alabama Board of Appeals. This Application is filed within fifteen (15) days of the mailing date of the Hearing Officer Decision.

D.2 — Grounds for Appeal

• ☐ The Hearing Officer's findings of fact are NOT supported by the evidence
• ☐ The Hearing Officer applied an erroneous legal standard under § 25-4-78
• ☐ The Hearing Officer admitted/excluded evidence improperly
• ☐ The Hearing Officer denied a continuance, subpoena, or cross-examination
• ☐ The Hearing Officer failed to address a material issue
• ☐ Newly discovered evidence (unavailable at the time of hearing despite due diligence)
• ☐ Due process violation
• ☐ Other: [________________]

D.3 — Detailed Statement / Brief

[Develop arguments. The Board will review the record from the Hearing Officer's proceeding. If granted leave, the Board will set a hearing in one of the rotating-city locations and provide written notice of time, date, and location.]

[________________________________
________________________________
________________________________]

D.4 — Continuance Request (if applicable)

A party who cannot attend the scheduled Board hearing may request a continuance for good cause. The request must be in writing, dated, signed, and notarized.

D.5 — Hearing Logistics

Relief Requested. Appellant respectfully requests that the Board of Appeals GRANT leave to appeal, hear the case, and REVERSE / MODIFY / SET ASIDE the Hearing Officer's Decision.

Signature: ______________________________________
[Print Name]
[ASB No. ____________ (if attorney)]
Date: [__/__/____]

Important: Continue to call in your weekly claim while this appeal is pending. The Board's decision is sent by certified mail to your last known address — keep ADOL informed of any address changes.

Part E — Trial De Novo in Circuit Court (Alabama Special Procedure)

E.1 — Notice of Appeal / Complaint Commencing Trial De Novo

IN THE CIRCUIT COURT OF [____________] COUNTY, ALABAMA

Civil Action No.: CV-[____]-[________]
Date Filed: [__/__/____]

NOTICE OF APPEAL FROM ALABAMA BOARD OF APPEALS PURSUANT TO ALA. CODE § 25-4-95

Appellant [Name], pursuant to Ala. Code § 25-4-95, hereby gives Notice of Appeal from the decision of the Alabama Department of Labor Board of Appeals dated [__/__/____] in Docket No. [________] and respectfully states:

1. Parties.

2. Jurisdiction and Venue. This Court has jurisdiction under Ala. Code § 25-4-95. Venue is proper in [____________] County because Appellant resides in [____________] County.

3. Timeliness. This Notice of Appeal is filed within 30 days after the decision of the Board of Appeals became final, as required by Ala. Code § 25-4-95.

4. Statement of Administrative Proceedings.

5. Statement of Issues. Appellant disputes the Board of Appeals' decision on the following grounds:

• ☐ The Board's findings of fact were unsupported by the evidence
• ☐ The Board misapplied Ala. Code § 25-4-78 (quit / misconduct)
• ☐ The Board misapplied Ala. Code § 25-4-77 (eligibility)
• ☐ The agency proceedings denied Appellant due process
• ☐ Other: [________________]

6. Trial De Novo. Pursuant to Ala. Code § 25-4-95 and Williams v. Ala. Dep't of Indus. Relations and related authorities, Appellant is entitled to a trial de novo in this Court. Appellant respectfully requests that this Court conduct a new trial on the merits, with witnesses presented anew, and enter judgment finding the Appellant ELIGIBLE for unemployment compensation benefits effective [__/__/____].

7. Demand for Trial. Appellant respectfully demands a bench trial / ☐ jury trial (if available; check current Alabama case law).

WHEREFORE, Appellant respectfully prays that this Court:

a. Take jurisdiction of this appeal;
b. Conduct a trial de novo;
c. Enter judgment in Appellant's favor finding ELIGIBILITY for unemployment benefits, and ordering payment of all benefits wrongly withheld plus statutory interest where applicable;
d. Award attorneys' fees and costs to the extent permitted by law; and
e. Grant such other and further relief as is just.

Respectfully submitted,

[________________________________]
[Counsel; ASB No. ____________]
[Firm / address / phone / email]

E.2 — Service of Process

E.3 — Pre-Trial Practice

E.4 — Appeal to Alabama Court of Civil Appeals

Sources and References

• Ala. Code Title 25, Chapter 4 — Unemployment Compensation: https://www.legislature.state.al.us/aliswww/codeofalabama/1975/coatoc.htm
• Ala. Code § 25-4-91 (Procedure on Initial Determinations): https://law.justia.com/codes/alabama/title-25/chapter-4/article-5/section-25-4-91/
• Ala. Code § 25-4-92 (Appeals to Board): https://law.justia.com/codes/alabama/title-25/chapter-4/article-5/section-25-4-92/
• Ala. Code § 25-4-95 (Judicial Review): https://law.justia.com/codes/alabama/title-25/chapter-4/article-5/section-25-4-95/
• Ala. Code § 25-4-78 (Disqualification): https://law.justia.com/codes/alabama/title-25/chapter-4/article-4/section-25-4-78/
• Ala. Admin. Code Chapter 480-1-4 (Hearings and Appeals): https://admincode.legislature.state.al.us/api/chapter/480-1-4
• ADOL Hearings and Appeals: https://adol.alabama.gov/divisions/unemployment-compensation/hearings-and-appeals/
• ADOL Appeal Portal: https://www.labor.alabama.gov/Appeal/Home/ValidateCaptcha
• ADOL Governmental Affairs (Board of Appeals): https://labor.alabama.gov/contacts/Governmental_Affairs.aspx
• Davis v. Stewart Sandwiches Holding Co., 615 So. 2d 91 (Ala. Civ. App. 1992)
• Ala. Dep't of Indus. Relations v. Wall, 547 So. 2d 853 (Ala. Civ. App. 1989)
• Ex parte Ala. Indus. Relations Bd., 991 So. 2d 1227 (Ala. 2008)
• Smith v. Ala. Dep't of Labor (Ala. Civ. App.) — late-appeal jurisdictional dismissal
• Ala. Dep't of Labor v. Barnett (Ala. Civ. App. 2021)
• Alabama Rules of Civil Procedure: https://judicial.alabama.gov/library/rules
• Alabama Rules of Appellate Procedure: https://judicial.alabama.gov/library/rules