Unemployment Insurance Benefits Appeal — Arkansas

Unemployment Insurance Benefits Appeal (Arkansas)

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination)

TO: Arkansas Appeal Tribunal
P.O. Box 8013
Little Rock, AR 72203
Fax: (501) 682-7734
(or any local DWS office)

Date of this Notice of Appeal: [__/__/____]

Claimant Information

Decision Being Appealed

Statement of Appeal

I, [CLAIMANT NAME], hereby file a timely notice of appeal pursuant to Ark. Code Ann. § 11-10-524 from the DWS determination dated [__/__/____], Notice No. [__________]. I request a hearing before the Arkansas Appeal Tribunal.

Grounds for Appeal:

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

Late-Filing Explanation (if applicable)

☐ This appeal is filed beyond the 20-day period due to circumstances beyond my control:

[____________________________________________________________]

Hearing Preferences

• Format: ☐ Telephone (default) ☐ In-person (must request in writing per § 11-10-524(b)(3))
• Interpreter needed: ☐ No ☐ Yes — Language: [____________]
• ADA accommodation requested: ☐ No ☐ Yes — describe: [____________]
• Represented by counsel: ☐ No ☐ Yes — Attorney: [____________] | AR Bar No.: [____]

Signature of Claimant / Authorized Representative: ____________________________
Printed Name: [________________________________]
Date: [__/__/____]

Part B — Pre-Hearing Brief / Position Statement

STATE OF ARKANSAS — DIVISION OF WORKFORCE SERVICES
ARKANSAS APPEAL TRIBUNAL

I. Issue Presented

Whether the claimant is qualified for unemployment insurance benefits under Arkansas Employment Security Law in light of the determination dated [__/__/____].

II. Statement of Facts

1. Employment Period: Claimant was employed by [EMPLOYER] as a [JOB TITLE] from [__/__/____] to [__/__/____].
2. Wages and Schedule: [________________________________________________].
3. Circumstances of Separation: [________________________________________________].
4. Notice to / Communications with Employer: [________________________________________________].
5. Post-Separation Availability and Job Search: [________________________________________________].

III. Argument

A. [Voluntary Leaving Was With Good Cause Connected With the Work / Discharge Was Not For Misconduct]

Under Ark. Code Ann. § 11-10-513, "good cause" is a cause that would reasonably impel the average able-bodied qualified worker to give up his or her employment (Teel v. Daniels). [Apply facts.]

Under Ark. Code Ann. § 11-10-514, "misconduct" requires more than mere inefficiency, unsatisfactory conduct, or ordinary negligence — it requires intentional or substantial disregard of the employer's interests or of the employee's duties (Nibco, Inc. v. Metcalf, 1 Ark. App. 114; Maxfield v. Director). The employer bears the burden of proof. [Apply facts.]

B. Claimant Was Able To and Available For Work (§ 11-10-507)

[Argument that claimant met all weekly eligibility requirements.]

IV. Witnesses

V. Exhibits

VI. Relief Requested

The claimant respectfully requests that the Appeal Tribunal reverse the DWS determination and order that benefits be paid retroactive to the effective date of the claim.

____________________________
[Claimant / Authorized Representative]
Date: [__/__/____]

Part C — Hearing Preparation Checklist

Before the Hearing

• ☐ Calendar the 20-day deadline (Ark. Code Ann. § 11-10-524) the moment the determination is received
• ☐ File appeal with Appeal Tribunal (P.O. Box 8013, Little Rock, AR 72203 or fax 501-682-7734)
• ☐ Retain proof of timely filing (postmark, fax confirmation, online receipt)
• ☐ Continue filing weekly certifications during the appeal
• ☐ Review the Notice of Telephone Hearing for date, time, and call-in number
• ☐ Confirm phone contact information with the Appeal Tribunal
• ☐ Request in-person hearing in writing if needed
• ☐ Request interpreter or ADA accommodation in advance
• ☐ Request subpoena for unwilling witnesses or documents
• ☐ Submit exhibits to the Tribunal in advance and serve opposing party
• ☐ Prepare written chronology and direct-examination outline
• ☐ Identify witnesses with firsthand knowledge
• ☐ Anticipate cross-examination of opposing party
• ☐ Prepare closing tied to § 11-10-513 / § 11-10-514 elements
• ☐ Decide on representation (attorney optional, at own expense)

Day of the Hearing

• ☐ Be in a quiet location with reliable phone connection 10 minutes early
• ☐ Have all exhibits, notes, and witnesses present or on standby
• ☐ Confirm identity and contact information when prompted
• ☐ Answer Hearing Officer's questions directly
• ☐ Object on the record where appropriate
• ☐ Cross-examine opposing party and witnesses
• ☐ Move all exhibits into evidence
• ☐ Deliver closing argument

Post-Hearing

• ☐ Watch for written decision from the Appeal Tribunal
• ☐ If unfavorable, calendar 20-day deadline to appeal to Board of Review

Part D — Appeal to Upper Authority (Arkansas Board of Review)

TO: Arkansas Board of Review
Division of Workforce Services
P.O. Box 8013
Little Rock, AR 72203
Fax: (501) 682-7734

Date: [__/__/____]

Caption

Notice of Appeal

Pursuant to Ark. Code Ann. § 11-10-527, [APPELLANT] appeals from the decision of the Arkansas Appeal Tribunal dated [__/__/____] in the above-captioned matter. This appeal is filed within the 20-day statutory period.

Grounds for Appeal

1. Error of Law: [________________________________________________].
2. Findings Not Supported by Substantial Evidence: [________________________________________________].
3. Procedural Error / Due Process: [________________________________________________].
4. Misapplication of Ark. Code Ann. § [11-10-513 / 11-10-514]: [________________________________________________].

Brief in Support (Outline)

I. Statement of the Case
II. Issues Presented for Review
III. Standard of Review
IV. Argument
A. [Heading]
B. [Heading]
V. Conclusion and Relief Requested

Relief Requested

Appellant respectfully requests that the Board of Review [reverse / modify / remand] the Appeal Tribunal's decision and direct that benefits be [paid / denied] consistent with the Arkansas Employment Security Law.

____________________________
[Appellant / Authorized Representative]
[Address / Phone / Email]

Part E — Judicial Review

IN THE COURT OF APPEALS OF THE STATE OF ARKANSAS

Petition for Review

Petitioner respectfully states:

1. Parties. Petitioner [________] resides at [________]. Respondent Director administers the DWS.
2. Jurisdiction. This Court has jurisdiction under Ark. Code Ann. § 11-10-529.
3. Agency Action. On [__/__/____], the Arkansas Board of Review issued a final decision in Appeal No. [__________].
4. Timeliness. This petition is filed within 30 days of the Board of Review's decision.
5. Exhaustion. All administrative remedies have been exhausted.
6. Grounds for Review (Ark. Code Ann. § 11-10-529(c)):
   - ☐ Decision is not supported by substantial evidence on the whole record
   - ☐ Decision is contrary to law
   - ☐ Decision is in violation of constitutional provisions
   - ☐ Decision is arbitrary, capricious, or characterized by abuse of discretion
   - ☐ Decision was procured by fraud

WHEREFORE, Petitioner prays that the Court reverse, modify, or remand the Board of Review's decision.

Respectfully submitted,

____________________________
[Attorney / Pro Se Petitioner]
[Address / Phone / Email]
Date: [__/__/____]

Certificate of Service

I certify that on [__/__/____] I served a copy of this Petition on:

• ☐ Director, Arkansas Division of Workforce Services, P.O. Box 2981, Little Rock, AR 72203
• ☐ Attorney General of Arkansas, 323 Center Street, Suite 200, Little Rock, AR 72201
• ☐ [Employer / Counsel] at [address]

____________________________
[Signature]

Sources and References

• Ark. Code Ann. § 11-10-524 (Appeal of Agency Determination): https://codes.findlaw.com/ar/title-11-labor-and-industrial-relations/ar-code-sect-11-10-524/
• Ark. Code Ann. § 11-10-525 (Appeal Tribunal Hearing Procedures)
• Ark. Code Ann. § 11-10-527 (Appeals to Board of Review)
• Ark. Code Ann. § 11-10-529 (Judicial Review)
• Ark. Code Ann. § 11-10-513 (Voluntary Quit Disqualification)
• Ark. Code Ann. § 11-10-514 (Misconduct Disqualification)
• Justia — Ark. Code § 11-10-524: https://law.justia.com/codes/arkansas/title-11/chapter-10/subchapter-5/section-11-10-524/
• DWS Appeals — How to Appeal (AR Law Help): https://a.arlawhelp.org/employment/appeal
• DWS / ADWS UI Home: https://dws.arkansas.gov/programs/unemployment/
• Arkansas Appeal Tribunal — Wikipedia overview: https://en.wikipedia.org/wiki/Arkansas_Appeal_Tribunal
• Nibco, Inc. v. Metcalf, 1 Ark. App. 114 (1980) (misconduct standard)
• Maxfield v. Director, ESD, 84 Ark. App. 49 (misconduct standard)
• Teel v. Daniels, 270 Ark. 766 (good-cause standard for voluntary quit)
• Hiland Dairy Co. v. Director, ESD (substantial-evidence standard)