Unemployment Insurance Benefits Appeal — Hawaii

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Unemployment Insurance Benefits Appeal (HAWAII)

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination)

TIME-CRITICAL: ONLY 10 DAYS FROM MAILING
FILED VIA ESARO / DLIR — PRIMARY METHOD
AND VIA U.S. MAIL / IN-PERSON / EMAIL — BACK-UP

[__/__/____]

Employment Security Appeals Referees' Office (ESARO)
Department of Labor and Industrial Relations
830 Punchbowl Street, Room 429
Honolulu, Hawaii 96813
Phone: (808) 586-8920
Email: [email protected]

Re: Notice of Appeal — HRS § 383-38 — Claimant [NAME] — Determination ID [____________] — Date of Mailing [__/__/____]

A.1 Appealing Party Information

A.2 Determination Appealed

The appealing party hereby appeals the UID Determination dated [__/__/____] (Determination No. [____________]), which determined:

☐ Voluntary quit without good cause attributable to work (HRS § 383-30(1))
☐ Discharge for misconduct connected with work (HRS § 383-30(2))
☐ Refusal of suitable work (HRS § 383-30(3))
☐ Not able to work, available for work, and actively seeking work (HRS § 383-29)
☐ Labor dispute disqualification (HRS § 383-30(4))
☐ Overpayment / repayment (HRS § 383-44)
☐ Fraud / willful misrepresentation (HRS § 383-44(b))
☐ Monetary determination — base period wages / WBA (HRS § 383-22)
☐ Employer tax / contribution determination — § 383-69 (15-day appeal)
☐ Employer tax / contribution determination — § 383-74 (20-day appeal)
☐ Other: [____________________]

A.3 Grounds for Appeal

The appealing party believes the determination is erroneous because:

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

A.4 Timeliness Statement

This appeal is filed on [__/__/____], which is the [_____] day after the [__/__/____] mailing of the determination, and is therefore timely under HRS § 383-38.

☐ GOOD CAUSE — UNTIMELY (10-30 DAY WINDOW) (benefits only): The appealing party did not file within 10 days because [____________________________________________________________]. Under HRS § 383-38, an appeal filed within 30 days may be heard on a showing of good cause. See Doherty v. DLIR ESARO (Haw. ICA 2025).

A.5 Hearing Logistics

A.6 Signature

Part B — Pre-Hearing Brief / Position Statement

BEFORE THE EMPLOYMENT SECURITY APPEALS REFEREES' OFFICE (ESARO)
STATE OF HAWAII — DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS

Determination No.: [____________]
Hearing Date: [__/__/____] at [__:__] [AM/PM] HT
Appeals Officer: [____________________]

B.1 Introduction

Aloha. This Pre-Hearing Position Statement is submitted to identify the issues, the controlling Hawaii law, and the evidence the appealing party will present at the de novo hearing under HRS § 383-38.

B.2 Statement of Facts

1. Employment dates. Claimant was employed by [EMPLOYER] from [__/__/____] to [__/__/____] as a [JOB TITLE] earning $[_____]/hour ([____] hours/week) at [worksite address].
2. Separation. Last day worked: [__/__/____]. Reason (per claimant): [____________________]. Reason (per employer): [____________________].
3. UID Determination. Mailed [__/__/____]; disqualified claimant under HRS § 383-[___] on the ground that [____________].
4. Monetary facts. Base period [Q/Y] through [Q/Y]; high-quarter wages $[_____]; WBA $[_____].
5. Additional material facts. [____________________]

B.3 Issues Presented

B.4 Burden of Proof

Under Hawaii law:

• Discharge / misconduct: the employer bears the burden of proving misconduct by a preponderance of the evidence.
• Voluntary quit: the claimant bears the burden of proving good cause attributable to the work.
• Availability: the claimant bears the burden of proving able, available, and actively seeking work.

B.5 Legal Standards

Misconduct connected with work (HRS § 383-30(2)). Misconduct means a deliberate violation or disregard of standards of behavior the employer has a right to expect, or carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties. Mere inefficiency, unsatisfactory conduct, or ordinary negligence is NOT misconduct.

Good cause attributable to work (HRS § 383-30(1)). A claimant who voluntarily leaves work must show good cause and that the cause is attributable to the work or employer. Personal reasons unconnected to work generally do not qualify.

Suitable work. Factors include training, experience, length of unemployment, prevailing wages and conditions, distance, and risk to health and safety. HRS § 383-30(3).

B.6 Argument

[____________________________________________________________________
____________________________________________________________________
____________________________________________________________________]

B.7 Exhibit List

B.8 Witness List

B.9 Relief Requested

Appellant respectfully requests the Appeals Officer:

1. Reverse the UID Determination dated [__/__/____];
2. Find that [_______________];
3. Direct payment of benefits beginning [week ending __/__/____]; and
4. Such other relief as is just and equitable.

Mahalo for your consideration.

Part C — Hearing Preparation Checklist

C.1 Procedural

☐ Confirm hearing date, time, and call-in (most ESARO hearings are telephonic; some are in-person at 830 Punchbowl Street).
☐ Verify all contact information on file with ESARO.
☐ Submit all exhibits to ESARO AND opposing party in advance of the hearing.
☐ Request subpoenas in writing from the Appeals Officer if needed.
☐ Request interpreter (English, Ilocano, Tagalog, Japanese, Korean, Mandarin, Marshallese, Chuukese, etc.) / accommodation as early as possible.
☐ Confirm witnesses know the date, time, and call-in.
☐ For neighbor-island parties, confirm whether the hearing is being held by the Honolulu or a regional office.

C.2 Substantive

☐ Outline narrative chronologically.
☐ Identify which fact each exhibit / witness proves.
☐ Anticipate cross-examination on credibility.
☐ Prepare direct examination (open-ended; non-leading) for your witnesses.
☐ Prepare cross-examination (closed, leading) for opposing witnesses.
☐ Prepare a brief closing summary tying facts to the legal standard.

C.3 Documents to Collect

☐ UID Determination (document being appealed).
☐ Final paycheck stub; complete wage history.
☐ Termination / separation letter.
☐ Employee handbook / specific policy.
☐ Written warnings, PIPs, performance reviews.
☐ Texts / emails between claimant and supervisor / HR.
☐ Drug-test results (chain of custody) if substance-related discharge.
☐ Medical documentation (FMLA, ADA).
☐ Work-search log for each week claimed (HireNet Hawaii).
☐ Resume and job applications.

C.4 Day of Hearing

☐ Be on the call line at least 15 minutes early.
☐ Have all exhibits and notes in front of you.
☐ Quiet, private location; no driving; no other people in the room.
☐ Speak clearly; identify yourself when speaking.
☐ Address the appeals officer as "Hearing Officer" or "Referee."
☐ Do not interrupt; wait for your turn.
☐ Take notes during opposing testimony for cross.
☐ Make your closing argument; specify the relief requested.
☐ Confirm the record is closed and ask when the written decision will issue.

C.5 Post-Hearing

☐ Calendar 30 days from the date of the appeals officer's decision for any application to reopen the decision OR direct appeal to Circuit Court — HRS § 383-41.
☐ Continue weekly HireNet certifications.
☐ Request a copy of the hearing recording for any Circuit Court appeal.

Part D — Appeal to Upper Authority (Application to Reopen)

APPLICATION FOR REOPENING (Optional — 30 Days)

[__/__/____]

Employment Security Appeals Referees' Office (ESARO)
830 Punchbowl Street, Room 429
Honolulu, Hawaii 96813
Email: [email protected]

Re: Application for Reopening — HRS § 383-41(a) — Appeals Officer Decision Dated [__/__/____] — Claimant [NAME] — Docket No. [____________]

D.1 Statement of Application

Pursuant to HRS § 383-41(a), the undersigned, an interested party aggrieved by the decision of the Appeals Officer, hereby applies to reopen the decision. This application is filed within the 30-day period prescribed by § 383-41, measured from the [__/__/____] mailing of the Appeals Officer's decision.

D.2 Party Information

D.3 Grounds for Reopening

The Appeals Officer's decision should be reopened and reconsidered because:

1. Newly discovered evidence that could not have been produced at the hearing with the exercise of reasonable diligence: [____________].
2. Fraud or misrepresentation by an opposing party at the hearing: [____________].
3. Error of law on the face of the decision: [____________].
4. Clerical or computational error in the WBA, base period, or overpayment amount: [____________].
5. Due process / procedural error: [____________].

D.4 Relief Requested

Applicant requests that the Appeals Officer (or ESARO):

1. Reopen the decision dated [__/__/____];
2. Schedule a further hearing to receive the additional evidence; and
3. Issue an amended decision finding that [_______________].

Certificate of Service: A true and correct copy was served on [__/__/____] upon all parties by ☐ U.S. Mail ☐ Email at the addresses on file.

Part E — Judicial Review

E.1 Statutory Authority and Forum

Under HRS § 383-41(b) and HRS § 91-14 (Administrative Procedure Act), a party aggrieved by the final decision of the appeals officer may seek judicial review by filing a notice of appeal in the Circuit Court of the appropriate circuit in Hawaii (typically the First Circuit (Honolulu) for Oahu, Second Circuit (Maui), Third Circuit (Hawaii Island), Fifth Circuit (Kauai)).

E.2 Deadline

The notice of appeal must be filed within 30 days after the date of mailing of the appeals officer's decision. HRS § 383-41(b); HRS § 91-14(b).

E.3 Standard of Review (HRS § 91-14(g))

The Circuit Court reviews the administrative record. The agency decision may be affirmed, remanded with instructions, or reversed/modified if substantial rights of the petitioner may have been prejudiced because the agency's findings, inferences, conclusions, or decisions are:

E.4 Petition Caption Template

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT [or appropriate circuit]
STATE OF HAWAII

Civil No. [________________]

NOTICE OF APPEAL — HRS §§ 383-41, 91-14

E.5 Required Contents of Notice of Appeal

☐ Names and addresses of all parties and counsel.
☐ Statement that the appeals officer's decision is final and that all administrative remedies have been exhausted (or election not to apply for reopening).
☐ Date of the appeals officer's decision and date of mailing (showing timeliness).
☐ A copy of the appeals officer's decision attached as an exhibit.
☐ Concise statement of the points on appeal.
☐ Designation of the agency record to be filed.
☐ Filing fee or motion to proceed in forma pauperis under HRS § 607-3.

E.6 Service

Serve the Notice of Appeal on:

• DLIR, Employment Security Appeals Referees' Office, 830 Punchbowl Street, Room 429, Honolulu, HI 96813.
• DLIR Director (statutory party).
• The opposing private party (employer / claimant) at the address on the ESARO record.
• Hawaii Attorney General if a constitutional issue is raised.

E.7 Further Review

A party aggrieved by the Circuit Court's decision may appeal to the Intermediate Court of Appeals (ICA) under HRS § 602-5 and § 91-14, by filing a notice of appeal within 30 days under Hawaii Rules of Appellate Procedure Rule 4. Further discretionary review may be sought in the Hawaii Supreme Court by application for writ of certiorari under HRS § 602-59 (filed within 90 days of the ICA's judgment).

E.8 Strategy Notes

Sources and References

• DLIR Employment Security Appeals Referees' Office — https://labor.hawaii.gov/esaro/
• ESARO Appeals Process — https://labor.hawaii.gov/esaro/appeals-process/
• DLIR Unemployment Insurance Division — https://labor.hawaii.gov/ui/
• HRS § 383-38 (Appeals, filing, and hearing) — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0038.htm
• HRS § 383-41 (Decision; reopening; judicial review) — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0041.htm
• HRS § 383-69 — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0069.htm
• HRS § 383-74 — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0074.htm
• HRS § 91-14 (APA judicial review) — https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0091/HRS_0091-0014.htm
• Doherty v. DLIR ESARO, CAAP-22-0000474, CAAP-22-0000475 (Haw. ICA 2025)
• Flores v. Bd. of Land & Nat. Res., 143 Hawai'i 114, 424 P.3d 469 (2018)

DISCLAIMER: This template is for informational purposes only and is not a substitute for advice from a Hawaii-licensed attorney. Verify all citations against the current Hawaii Revised Statutes and Hawaii Administrative Rules, confirm filing procedures with ESARO, and consult counsel before filing.