Unemployment Insurance Benefits Appeal — Kentucky

Unemployment Insurance Benefits Appeal (KENTUCKY)

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination)

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

Date: [__/__/____]

VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [________________________________]
AND VIA THE KENTUCKY UI APPEALS PORTAL / FAX

Kentucky Office of Unemployment Insurance
Appeals Branch
500 Mero Street, 4th Floor SE
Frankfort, Kentucky 40601
(or such other address designated in the Notice of Determination)

Re: Notice of Appeal from Notice of Determination — Claimant [NAME] — Claim/Determination No. [____________] — Mailing Date of Determination: [__/__/____]

To the Appeals Branch:

Pursuant to KRS § 341.420(2) and 787 KAR 1:110, I, [CLAIMANT FULL LEGAL NAME], hereby appeal the Notice of Determination identified above, which was mailed by the Office of Unemployment Insurance on [__/__/____]. This appeal is filed within fifteen (15) days of the mailing date.

1. Determination Being Appealed

2. Grounds for Appeal

The determination is in error for the following reasons:

1. [Concise statement of factual error or legal error, e.g., "I did not voluntarily quit; I was discharged on [date] without prior warning."]
2. [Statement re: the employer's burden, e.g., "The employer has not produced evidence of any willful or deliberate violation of a known rule, as required to establish misconduct under KRS § 341.370(6)."]
3. [Statement re: good cause, if voluntary quit, e.g., "I left work for good cause attributable to the employer, namely [unsafe conditions / unpaid wages / material change in hire agreement / harassment]."]
4. [Statement re: availability, if applicable.]

3. Relief Requested

I respectfully request that the Appeals Branch:

• ☐ Reverse the Notice of Determination and find me eligible for benefits;
• ☐ Vacate the disqualification under KRS § 341.370;
• ☐ Vacate the overpayment determination and any associated penalty;
• ☐ Order payment of all benefits withheld during the pendency of this appeal; and
• ☐ Grant such other relief as is just.

4. Hearing Logistics

• ☐ I request a teleconference hearing.
• ☐ I request an in-person hearing (basis: ☐ undue expense ☐ travel > 50 miles ☐ accessibility ☐ other: [____________]).
• ☐ I will require an interpreter in: [____________].
• ☐ I will require disability accommodation: [____________].
• ☐ I intend to be represented by: [____________] (attorney, authorized representative; § 341.470).
• Dates I am unavailable in the next 60 days: [____________].
• Best contact number for hearing: [____________].

5. Continued Filing

I understand that I must continue to request payment / file weekly claims while this appeal is pending in order to preserve benefits for those weeks if I prevail.

Respectfully submitted,

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

Part B — Pre-Hearing Brief / Position Statement

BEFORE THE KENTUCKY OFFICE OF UNEMPLOYMENT INSURANCE — APPEALS BRANCH

CLAIMANT'S PRE-HEARING STATEMENT OF POSITION

I. Statement of the Case

[One-paragraph neutral summary of employment, separation date, and contested issue.]

II. Statement of Facts

1. Claimant was employed by [EMPLOYER] from [__/__/____] to [__/__/____] as [POSITION].
2. Claimant's final rate of pay was $[____] per [hour/week] and average weekly earnings were $[____].
3. [Chronological factual narrative — write-ups, warnings, communications, separation event, witnesses present.]
4. [Final incident or separation event in detail, with dates and identification of any witnesses and documents.]
5. Claimant filed an initial UI claim on [__/__/____] and received the Notice of Determination dated [__/__/____].

III. Issues Presented

1. Whether the claimant was discharged for misconduct connected with the work within the meaning of KRS § 341.370(1)(b) and (6).
2. Whether the claimant voluntarily left work without good cause attributable to the employment within the meaning of KRS § 341.370(1)(c).
3. Whether the claimant is able to work and available for work under KRS § 341.350.
4. [Other issues as applicable: refusal of suitable work, overpayment, fraud penalty.]

IV. Argument

A. The employer bears the burden of proving misconduct.
Under Kentucky law, the employer must establish, by a preponderance of the evidence, a willful or deliberate violation of a reasonable employer rule or a substantial disregard of the employer's interests. KRS § 341.370(6) defines misconduct to include separation initiated by the employee due to deliberate violation of employer policy; ordinary negligence, inefficiency, isolated good-faith errors, and inability to perform are not misconduct under Kentucky law.

B. [Section B — factual application to misconduct or quit issue].

C. [Section C — overpayment / fraud penalty if applicable].

D. [Section D — able and available, if challenged].

V. Witnesses

VI. Exhibits (Provided to Referee and Opposing Party in Advance per 787 KAR 1:110 § 2(4)(f))

VII. Relief Requested

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

Respectfully submitted,

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

Part C — Hearing Preparation Checklist

Documents to Gather (☐ check when complete)

• ☐ Notice of Determination (the document being appealed)
• ☐ Notice of Hearing from the Appeals Branch (date, time, call-in number, referee name)
• ☐ Termination letter or separation notice
• ☐ Final pay stub and prior 6 months of pay stubs
• ☐ Employee handbook and the specific policy cited by the employer
• ☐ All written warnings, performance evaluations, and disciplinary records
• ☐ Emails, text messages, and instant messages relating to the separation
• ☐ Time/attendance records, schedules, and clock-in logs
• ☐ Medical records (only if illness, injury, or disability is at issue)
• ☐ Job offer letter / employment agreement
• ☐ Resume or job description for the position held
• ☐ Any complaints filed (HR, EEOC, OSHA, KCHR, wage claim)
• ☐ Witness contact information and short written summaries

Pre-Hearing Procedural Steps

• ☐ Confirm hearing date, time, and call-in/video information at least 5 days in advance
• ☐ Submit/exchange exhibits with referee AND opposing party before the hearing (failure to exchange may cause exclusion under 787 KAR 1:110 § 2(4)(f))
• ☐ Request subpoenas for unavailable witnesses or essential employer records (well in advance)
• ☐ Request interpreter or ADA accommodation
• ☐ Request continuance for good cause (current employment, medical emergency, family death, Act of God) — 787 KAR 1:110 § 2(2)(c)
• ☐ Continue filing weekly claim certifications throughout the appeal
• ☐ Update mailing address and contact info with OUI
• ☐ Prepare a one-page chronology of events
• ☐ Practice direct testimony of your own witnesses
• ☐ Prepare cross-examination questions for employer witnesses

Day-of-Hearing Checklist

• ☐ Be in a quiet location with reliable phone/internet 15 minutes early
• ☐ Have all exhibits printed and numbered, with copies of what was sent
• ☐ Have a pen, notepad, and government-issued ID available
• ☐ Confirm witnesses are standing by on the same line/video
• ☐ Speak clearly; identify yourself before each statement; only one person speaks at a time (it is being recorded)
• ☐ Object on the record if surprised by undisclosed evidence
• ☐ Make a clear closing statement summarizing why the burden has not been met

Common Hearing Errors to Avoid

• ☐ Do not fail to appear — referee will summarily affirm the determination against you (787 KAR 1:110 § 2(5)(a)2)
• ☐ Do not assume documents in the agency file are "in evidence" — you must offer and identify them
• ☐ Do not waive cross-examination of the employer's witnesses
• ☐ Do not make legal argument while testifying; testimony is facts, argument is for closing

Part D — Appeal to the Kentucky Unemployment Insurance Commission

BEFORE THE KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION

APPELLANT'S APPLICATION FOR REVIEW BY THE COMMISSION

Pursuant to KRS § 341.420(4) and 787 KAR 1:110 § 3, [CLAIMANT NAME] ("Appellant") hereby applies for review by the Kentucky Unemployment Insurance Commission of the Referee's Decision dated [__/__/____]. This application is filed within fifteen (15) days of the mailing date of that decision.

1. Statement of Errors Assigned

1. The Referee erred as a matter of law in concluding that [____________].
2. The Referee's finding that [____________] is not supported by substantial evidence in the record.
3. The Referee improperly admitted/excluded [____________] in violation of 787 KAR 1:110.
4. The Referee failed to apply the proper burden of proof regarding [____________].
5. [Additional errors.]

2. Statement of Position

Appellant relies on the testimony and exhibits already in the record before the Referee and submits a written argument in support of reversal pursuant to 787 KAR 1:110 § 3(2)(a)3 (ten (10) days from the date of the Commission's notification of appeal receipt to file written argument; appellee has seven (7) days thereafter to respond).

3. Hearing Request (if applicable)

• ☐ Appellant requests oral argument before the Commission.
• ☐ Appellant requests removal/remand for additional evidence on grounds of [____________].
• ☐ Appellant submits this on the record without oral argument.

4. Relief Requested

Reversal of the Referee's Decision; finding of eligibility for benefits; vacatur of any overpayment and penalty; payment of all withheld benefits; and such other relief as is just.

Respectfully submitted,

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

Service: Filed with the Kentucky Unemployment Insurance Commission, 500 Mero Street, 4th Floor SE, Frankfort, KY 40601, with copy by mail/email to the employer and the Office of Unemployment Insurance pursuant to 787 KAR 1:230.

Part E — Judicial Review in Circuit Court

Statutory basis: KRS § 341.450.

Filing court: Franklin Circuit Court or the Circuit Court of the county in which the claimant resides or last worked (claimant's option; verify current statutory venue rules).

Deadline: Within twenty (20) days after the date of mailing of the final order of the Unemployment Insurance Commission.

Standard of review: The findings of fact of the Commission, if supported by substantial evidence and in the absence of fraud, are conclusive and the jurisdiction of the court is confined to questions of law (KRS § 341.450(2)). The court may affirm, reverse, or remand.

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

Civil Action No.: [________________________________]
Division: [____________]

PETITION FOR JUDICIAL REVIEW (KRS § 341.450)

Petitioner [CLAIMANT NAME] ("Petitioner"), aggrieved by the final order of the Kentucky Unemployment Insurance Commission entered [__/__/____] and mailed [__/__/____], hereby petitions this Court for judicial review pursuant to KRS § 341.450, and states:

1. Parties. Petitioner resides in [____________] County, Kentucky. Respondent Kentucky Unemployment Insurance Commission is the final administrative body under KRS Chapter 341. Respondent [EMPLOYER] was the claimant's most recent base-period employer and is a party in interest.
2. Jurisdiction and Venue. This Court has jurisdiction under KRS § 341.450. Venue is proper because [Petitioner resides / last worked] in this county. Franklin Circuit Court also has concurrent venue.
3. Timeliness. The Commission mailed its final order on [__/__/____]. This Petition is filed within twenty (20) days as required by KRS § 341.450(1).
4. Procedural History. [Summarize: initial determination, referee decision, Commission decision.]

5. Errors of Law.
   a. The Commission erred as a matter of law in [____________].
   b. The Commission's findings are not supported by substantial evidence with respect to [____________].
   c. The Commission failed to follow its own procedures under 787 KAR 1:110 by [____________].

6. Prayer for Relief. Petitioner respectfully requests that this Court:
   a. Reverse the Commission's final order;
   b. Remand with instructions to enter an order awarding benefits and vacating any overpayment and penalty;
   c. Order payment of all withheld benefits with interest as allowed by law;
   d. Award costs; and
   e. Grant such other and further relief as is just.

Respectfully submitted,

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

Service: Service of summons on the Commission and on the employer in accordance with CR 4.04 and KRS § 341.450. A certified copy of the Petition shall be served on the Commission, which shall certify and file the administrative record with the Court.

Sources and References

• KRS Chapter 341 (Unemployment Compensation): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39031
• KRS § 341.420 — Appeals (deadlines, referee, Commission): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51807
• KRS § 341.430 — Referee procedure: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51808
• KRS § 341.440 — Commission review procedure: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51809
• KRS § 341.450 — Judicial review (Circuit Court): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51810
• KRS § 341.370 — Disqualification (misconduct, voluntary quit): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51799
• 787 KAR 1:110 — Appeals (referee and Commission procedures): https://apps.legislature.ky.gov/law/kar/titles/787/001/110/
• 787 KAR 1:230 — Filing date rules: https://apps.legislature.ky.gov/law/kar/titles/787/001/230/
• Kentucky Office of Unemployment Insurance: https://kcc.ky.gov/career/Pages/Unemployment-Insurance.aspx
• Kentucky Unemployment Insurance Commission: https://kcc.ky.gov/UI/Pages/UI-Commission.aspx
• Education and Labor Cabinet: https://elc.ky.gov/