Appeals

Overview

There are two levels of agency appeals in Wyoming. Lower level appeals are handled by administrative hearing officers within the division. Higher level appeals are heard by a three-member, appointed commission which meets monthly.

The commission members are:

  • Elizabeth Nelson
  • Rose Mosbey
  • Kirk Schmidt

Unemployment claimants or employers may protest or appeal within 28 calendar days of the date the initial determinationAn official decision by the Unemployment Insurance Division regarding the unemployment claim of a person. notice was mailed to the address of recordThe address to which all documents are mailed. You must notify the Unemployment Insurance Division in writing of any address changes. Unemployment Insurance Division mail, including checks and determinations will not be forwarded by the U.S. Postal Service.. All appeals must be in writing, identifying the decision which is being appealed and the reason for the appeal. When appealing, you should be willing to attend a hearing, by telephone or in person, with all the interested parties present. Most hearings are held by telephone, and the hearing notice will request a phone number where you can be reached at the time of the hearing. A phone number must be provided to participate in the hearing. At the hearing, all parties will be given the opportunity to tell their sides of the story. The hearing will be presided over by a hearing officer who will later issue a written decision.

Preparing for your Hearing

To prepare for a hearing, you can view this video showing a fictional hearing being conducted. This video is to help you prepare for an unemployment appeal hearing. The video contains scenes of fictional hearing officers conducting hearings in unemploymentAny week in which you perform no services and receive no wages, or work less than full-time and wages payable for that week are less than your weekly benefit amount. cases. These are examples of benefit cases. Hearing officers follow similar procedures in other types of contested cases. If you have any questions, please contact the Unemployment Appeals Section at (307) 235-3299.

Payment While Awaiting a Decision - Unemployment Claimants

During the protest or appeals process, claimants must continue to file timely claims for each week of unemploymentAny week in which you perform no services and receive no wages, or work less than full-time and wages payable for that week are less than your weekly benefit amount.. Payment will only be made for those weeks for which a claimant is determined eligible and has filed timely claims during the protest period.

If the claimant is determined to be ineligible, the division will establish an overpayment, and the claimant will be required to refund the gross amount of all benefits for which the claimant was not entitled.

Protests

Claimants and Employers may present new information in a protest statement. A redetermination may then be issued without an actual hearing being held. If this decision is still not satisfactory, a new appeal request may be filed at that time.

Base Period Employer Charging Protests must be made in writing or by fax to (307) 235-3277. Telephone questions should be directed to (307) 235-3273 or (307) 235-3617.

Employer Rights

Employers have the right to protest and appeal an adverse determinationAn official decision by the Unemployment Insurance Division regarding the unemployment claim of a person. pertaining to a separation issue. If this occurs, the claimant may be requested to participate in a hearing that the employer has initiated. It would be to the claimant's advantage to participate in order to present your side of the story.

Resources