Unemployment Insurance Benefits Appeal — Connecticut

Unemployment Insurance Benefits Appeal (CONNECTICUT)

Quick-Reference Summary

Part A — Notice of Appeal (Initial CTDOL Determination)

[CLAIMANT FULL LEGAL NAME]
[STREET ADDRESS]
[CITY], Connecticut [ZIP]
SSN (last 4): xxx-xx-[____]
ReEmployCT Claimant ID: [____________]
Telephone: [____________]
Email: [____________]

Date: [__/__/____]

FILED VIA: ☐ ReEmployCT portal ☐ U.S. Certified Mail ☐ Fax (number per regional office)

Connecticut Department of Labor
Appeals Division — [REGIONAL OFFICE per Notice of Determination]
[STREET ADDRESS]
[CITY], CT [ZIP]

Re: Notice of Appeal under Conn. Gen. Stat. § 31-241 / § 31-242 — Claimant [NAME] — Determination No. [____________] — Mailing Date: [__/__/____]

To the Appeals Division:

Pursuant to Conn. Gen. Stat. § 31-241 and § 31-242, the undersigned claimant hereby appeals the Notice of Determination identified above, which was mailed/transmitted by the Administrator on [__/__/____]. This appeal is filed within twenty-one (21) days of the mailing date.

1. Determination Being Appealed

2. Grounds for Appeal

1. [Concise factual or legal error, e.g., "The separation was a discharge for unsatisfactory performance, not wilful misconduct, and the employer cannot meet its burden under § 31-236(a)(2)(B)."]
2. [Statement re: burden of proof.]
3. [Statement re: good cause attributable to employer, if applicable, e.g., unpaid wages, unsafe conditions, harassment, unilateral material change in terms of employment.]
4. [Other.]

3. Hearing Logistics

• ☐ Telephone hearing requested (default).
• ☐ In-person hearing requested (basis: [____________]).
• ☐ Interpreter required (language): [____________].
• ☐ ADA accommodation: [____________].
• ☐ Representative: [____________] (attorney, union rep, authorized agent).
• Dates unavailable next 60 days: [____________].

4. Continued Claiming

I understand I must continue to file weekly certifications in ReEmployCT during the pendency of this appeal to receive benefits for those weeks if I prevail.

Respectfully submitted,

___________________________________
[CLAIMANT NAME], Appellant
Date: [__/__/____]

Part B — Pre-Hearing Brief / Position Statement

BEFORE THE CONNECTICUT DEPARTMENT OF LABOR — APPEALS DIVISION

CLAIMANT'S PRE-HEARING POSITION STATEMENT

I. Statement of the Case

[Two- to four-sentence neutral summary.]

II. Statement of Facts

1. Claimant was employed by [EMPLOYER] from [__/__/____] to [__/__/____] as [POSITION].
2. Claimant's final pay rate was $[____] per [hour/week]; average weekly wage was $[____].
3. [Chronology of relevant events: prior warnings, evaluations, dates of incidents, separation event with witnesses identified.]
4. [Final separation event in detail.]
5. Claimant filed for UI on [__/__/____]; CTDOL issued the determination on [__/__/____].

III. Issues Presented

1. Whether claimant was discharged for wilful misconduct in the course of employment within the meaning of Conn. Gen. Stat. § 31-236(a)(2)(B).
2. Whether claimant voluntarily left suitable work without good cause attributable to the employer within the meaning of § 31-236(a)(2)(A).
3. Whether claimant is able to work and available for work, and is making reasonable efforts to obtain work under § 31-235.
4. [Other: refusal of suitable work; overpayment under § 31-273; fraud penalty.]

IV. Argument

A. The employer bears the burden of proving wilful misconduct. Under Connecticut law, wilful misconduct requires intentional, deliberate, or wanton disregard of the employer's interests. Conduct must be wilful — mere negligence, inefficiency, errors in judgment, or inability to perform are not disqualifying.

B. [Factual application].

C. [Overpayment / penalty arguments, if applicable].

V. Witnesses

VI. Exhibits (Provided to Referee and Opposing Party in Advance per Referee's pre-hearing instructions and § 31-244a)

VII. Relief Requested

Reversal of the Notice of Determination, finding of eligibility, payment of all withheld benefits, and vacatur of any overpayment and penalty.

Respectfully submitted,

___________________________________
[CLAIMANT NAME / COUNSEL]
Date: [__/__/____]

Part C — Hearing Preparation Checklist

Documents to Gather (☐ check when complete)

• ☐ CTDOL Notice of Determination
• ☐ Notice of Hearing from Appeals Division (date, time, dial-in, referee, docket no.)
• ☐ Termination letter / separation paperwork (signed and unsigned versions)
• ☐ Final pay stub and prior 6 months of pay stubs
• ☐ Employee handbook and the specific policy invoked
• ☐ All written warnings, PIPs, performance reviews
• ☐ Texts, emails, and instant-message threads relating to separation
• ☐ Time records, schedules, attendance logs
• ☐ Medical documentation (only if illness/injury/disability is at issue)
• ☐ Offer letter / employment agreement
• ☐ Resume / job description
• ☐ Internal/external complaints (HR, CHRO, EEOC, OSHA, DOL wage)
• ☐ Witness contact info and short summaries
• ☐ ReEmployCT credentials and printout of weekly certifications

Pre-Hearing Procedural Steps

• ☐ Confirm hearing date, time, and call-in/video information at least 5 days in advance
• ☐ Submit/exchange exhibits with the referee and opposing party in accordance with the Notice of Hearing
• ☐ Request subpoenas (§ 31-244a) for unavailable witnesses or essential employer records
• ☐ Request interpreter or ADA accommodation
• ☐ Request postponement only for good cause; submit in writing
• ☐ Continue filing weekly certifications in ReEmployCT
• ☐ Update mailing address with CTDOL
• ☐ Prepare a one-page chronology
• ☐ Outline direct testimony for each witness
• ☐ Prepare cross-examination of employer witnesses

Day-of-Hearing Checklist

• ☐ Quiet location, reliable phone/internet, on the line 15 minutes early
• ☐ Exhibits printed and tabbed; copies of what was sent
• ☐ Government-issued ID accessible
• ☐ Witnesses standing by on same line
• ☐ Identify yourself before each statement; one speaker at a time (hearing is recorded)
• ☐ Object to surprise/undisclosed evidence
• ☐ Close with concise summary explaining why the burden has not been met

Common Errors to Avoid

• ☐ Do not fail to appear — the referee will dismiss; reopening requires good cause
• ☐ Do not rely on the CTDOL file being automatically in evidence — offer documents yourself
• ☐ Do not waive cross-examination of employer witnesses
• ☐ Do not argue while testifying

Part D — Appeal to the Employment Security Board of Review

BEFORE THE CONNECTICUT EMPLOYMENT SECURITY BOARD OF REVIEW

APPEAL TO THE BOARD OF REVIEW (Conn. Gen. Stat. § 31-248; § 31-249)

Pursuant to Conn. Gen. Stat. § 31-248 and § 31-249, [CLAIMANT NAME] appeals to the Employment Security Board of Review from the Referee's Decision dated [__/__/____]. This appeal is filed within twenty-one (21) days of the mailing date of the Referee's Decision.

Filing address: Employment Security Board of Review, 38 Wolcott Hill Road, Wethersfield, CT 06109.

1. Statement of Errors Assigned

1. The Referee erred as a matter of law in concluding [____________].
2. The Referee's findings as to [____________] are not supported by the evidence in the record.
3. The Referee failed to apply the proper legal standard under § 31-236(a)(2)(A) / (B) regarding [____________].
4. The Referee improperly admitted/excluded [____________].
5. The Referee failed to develop the record on [____________].

2. Argument

Appellant relies on the Referee's record (audio/transcript and exhibits) and submits the following written argument in support of reversal/modification: [____________].

3. Requests

• ☐ Oral argument before the Board of Review.
• ☐ Remand to the Referee for additional evidence on [____________].
• ☐ Decision on the record without oral argument.

4. Relief Requested

Reversal/modification of the Referee's decision; finding of eligibility; vacatur of any overpayment and penalty; payment of withheld benefits.

Respectfully submitted,

___________________________________
[CLAIMANT NAME / COUNSEL]
Date: [__/__/____]

Service: Filed with the Board of Review with copies to the Administrator (CTDOL) and the employer per Conn. Agencies Regs. § 31-237g-1 et seq.

Part E — Judicial Review in Superior Court

Statutory basis: Conn. Gen. Stat. § 31-249b — Appeals to Superior Court from a final decision of the Employment Security Board of Review.

Filing court: Connecticut Superior Court — Judicial District where the claimant resides or where employment was performed (verify against current § 31-249b venue rules and Connecticut Practice Book).

Deadline: Within thirty (30) days after the date the Board of Review's decision is mailed.

Standard of review: Superior Court does not retry the facts. The Board's findings of fact, if supported by substantial evidence in the record, are conclusive. The Court reviews for errors of law and may correct or remand. Subsequent appeal to the Connecticut Appellate Court is available (P.B. § 84-1 et seq.).

Caption (markdown table — do not draw ASCII captions):

Docket No.: [________________________________]
Judicial District of: [____________]

APPEAL FROM DECISION OF EMPLOYMENT SECURITY BOARD OF REVIEW (Conn. Gen. Stat. § 31-249b)

Plaintiff [CLAIMANT NAME] appeals from the final decision of the Employment Security Board of Review entered [__/__/____] and mailed [__/__/____], pursuant to Conn. Gen. Stat. § 31-249b, and states:

1. Parties. Plaintiff resides in [____________], Connecticut. Defendant Administrator of the Unemployment Compensation Act is the responsible state official. Defendant [EMPLOYER] was Plaintiff's base-period/separating employer and is a party in interest.
2. Jurisdiction and Venue. This Court has jurisdiction under Conn. Gen. Stat. § 31-249b. Venue lies in the Judicial District of [____________] because Plaintiff resides/last worked there.
3. Timeliness. The Board of Review's decision was mailed [__/__/____]. This Appeal is filed within thirty (30) days as required by § 31-249b.
4. Procedural History. [Summarize: examiner determination; Referee decision; Board of Review decision.]

5. Errors of Law / Statement of Issues.
   a. The Board erred as a matter of law in concluding [____________].
   b. The Board's factual findings are not supported by substantial evidence in the record as to [____________].
   c. The Board failed to apply the proper legal standard under § 31-236(a)(2)(A)/(B) or § 31-235.

6. Prayer for Relief.
   a. Sustain Plaintiff's appeal and reverse the Board of Review's decision;
   b. Remand with direction to award benefits and vacate any overpayment and penalty;
   c. Order payment of all withheld benefits with interest as permitted by law;
   d. Award costs; and
   e. Grant such other and further relief as is just.

Respectfully submitted,

___________________________________
[ATTORNEY NAME], Juris No. [____________]
Counsel for Plaintiff
[FIRM NAME / ADDRESS / PHONE / EMAIL]
Date: [__/__/____]

Service: Service on the Administrator (Attorney General's Office on behalf of CTDOL) and on the employer per Conn. Gen. Stat. § 31-249b and Connecticut Practice Book. The Board of Review certifies the administrative record to the Superior Court.

Sources and References

• Conn. Gen. Stat. Chapter 567 — Unemployment Compensation: https://www.cga.ct.gov/current/pub/chap_567.htm
• Conn. Gen. Stat. § 31-241 — Determination of claims; notice and appeal: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-241
• Conn. Gen. Stat. § 31-242 — Appeals to Referee: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-242
• Conn. Gen. Stat. § 31-244a — Conduct of referee hearings: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-244a
• Conn. Gen. Stat. § 31-248 — Appeals to Board of Review: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-248
• Conn. Gen. Stat. § 31-249 — Board of Review review: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-249
• Conn. Gen. Stat. § 31-249b — Appeals to Superior Court: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-249b
• Conn. Gen. Stat. § 31-236 — Disqualifications: https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-236
• Conn. Gen. Stat. § 31-235 — Benefit eligibility (able and available): https://www.cga.ct.gov/current/pub/chap_567.htm#sec_31-235
• CTDOL Unemployment Appeals: https://www.ctdol.state.ct.us/uc/appeals/index.htm
• Employment Security Board of Review: https://portal.ct.gov/DOL/Board-of-Review
• Conn. Agencies Regs. § 31-237g (Board of Review regulations): https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_31Subtitle_31-237gSection_31-237g-1/
• Unemployment Compensation Appeals in Connecticut (Judicial Branch Law Library): https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Unemployment_Compensation_Appeals.pdf