What Happens If You Lose Your Unemployment Appeal?

One of the most frequently asked questions in our office is what happens if you lose the initial unemployment appeals hearing? Or, what if you win the hearing and the employer files an appeal? The next step in the process is an appeal to the Board of Appeals — a three judge panel based in Baltimore that reviews the decisions of the lower hearing examiners. In a nutshell, you must file a request for an appeal with the Board of Appeals, explaining why you believe that the hearing examiner’s decision was incorrect. In the vast majority of cases, the Board of Appeals simply affirms the original decision after reviewing the recording of the first hearing. In rare instances, however, the Board of Appeals will schedule a hearing to review the case. When that happens, the case is reargued again in front of all three judges, although the Board may or may not allow the parties to present new evidence or testimony.

After the Board issues its decision, the losing party has the option of appealing to any Circuit Court in Maryland. This is a complicated process involving the filing of a notice of appeal, then the filing of an appellate brief and finally oral arguments before a Circuit Court judge.

If you are considering filing an appeal in the Circuit Court, we may be able to assist you, although you should be aware that because of the amount of time and work involved, our fees for such representation are fairly substantial, typically between $1,500 and $2,000.00.