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Frequently Asked Questions - Appeals

Listed below are often asked questions and answers for claimants, employers, and the general public concerning the appeals process. Information about a First Level Appeal, an Appeal of Deputy Determination and an Appeal of Appeals Examiner's Decision is provided.

Appeal of Deputy's Decision

  1. Who can file an appeal to First Level Appeals?
  2. How can I file an appeal to First Level Appeals?
  3. Who is a party to an appeal?
  4. When must an appeal be filed?
  5. Can the 30-day appeal period be extended?
  6. How is the filing date of an appeal determined?
  7. Who can be a representative?
  8. Can a party request a subpoena for a witness or documents?
  9. What is an affidavit?
  10. Can an affidavit be used for evidence instead of testimony from a witness during the hearing?
  11. Can a hearing be delayed, postponed or rescheduled?
  12. How do I withdraw or cancel an appeal?
  13. Can evidence be used from an Appeals Examiner's hearing in other legal proceedings?
  14. Can a party record their hearing?
  15. Are interpreters and translators available?
  16. Is assistance available for individuals who are visual- or hearing-impaired or those needing reasonable accommodations?
  17. Can the Decision of Appeals Examiner be appealed?
  18. What if I experienced bias in the appeals process or during the hearing?
  19. What if I experienced discrimination in the appeals process or during the hearing?

Appeal of Appeals Examiner's Decision

  1. What is the next step after filing the appeal?
  2. When is my hearing?
  3. How do I get a transcript?
  4. May I participate by telephone?
  5. The decision was reversed in my favor - when will I receive my check?
  6. I need to request a postponement of the hearing. What should I do?
  7. What is the difference between a hearing for oral argument and a hearing for additional evidence?
  8. Can you subpoena someone?
  9. What could happen if I don't pursue this appeal?

Appeal of Deputy's Decision FAQ's

  1. Who can file an appeal to First Level Appeals?
    Any claimant or employer who disagrees with a Deputy’s Decision has the right to appeal if the Decision is against their interest. Claimants who disagree with the Statement of Wages and Potential Benefit Entitlement also have the right to appeal after a redetermination is made.
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  2. How can I file an appeal to First Level Appeals?
    1. Online:
      1. Claimants may log in or create an account through the Claimant Self Service Portal at https://uidirect.vec.virginia.gov/CSS/CSSLogon.htm to file an appeal online.
      2. Employers may log in or create an account through the Employer Self Service Portal at https://www.vec.virginia.gov/employers/appeals to file an appeal online.
    2. By Mail: Virginia Employment Commission, First Level Appeals, P.O. Box 26441, Richmond, VA 23261-6441.
    3. By Fax: (804) 786-8492.
    4. In Person: Visit a local VEC Office. See list of local offices at https://www.vec.virginia.gov/find-a-job/vec-local-offices.
    All appeals must be in writing and include the name and Claimant ID number of the claimant and the reasons for the appeal.
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  3. Who is a party to an appeal?
    The party who can appeal is the claimant, the claimant's last liable employer, and/or a subsequent employer(s) the claimant worked for before filing the claim.
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  4. When must an appeal be filed?
    All appeals must be filed within 30 days of the date the Deputy's Decision was mailed. Each Deputy's Decision contains the final date an appeal can be filed.
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  5. Can the 30-day appeal period be extended?
    The 30-day appeal period may be extended if good cause can be shown for extending it. Good cause may exist when circumstances beyond the control of the appealing party prevented them from filing the appeal within 30 days.
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  6. How is the date of the appeal filing determined?
    For appeals sent online, by fax, and in person, the filing date is the date the Commission received the appeal. For appeals sent by mail, the date the appeal is postmarked by the United States Postal Service is the filing date.
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  7. Who can be a representative?
    Any person over age 18 can represent a party. A representative does not have to be an attorney. If a claimant retains an attorney, the Commission must approve the attorney's fee. Free legal services may be available by contacting the Legal Aid Society at 1-866-534-5243. You may also obtain an attorney by contacting the Lawyer Referral Service of the Virginia State Bar at 1-800-552-7977. Any attorney or representative, should contact the Clerk of First Level Appeals and provide their name, address, and phone number.  
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  8. Can a party request a subpoena for a witness or documents?
    A party who wants to subpoena a witness or documents should send a requests should be in writing. Requests should include the claimant’s name, claimant ID number, and the name and address of the witness. It is important to include the city or county in Virginia where the witness can be served with the subpoena. For documents, the name and address, including the city or county in Virginia, of the custodian of the documents should be provided. The custodian is the person who has the requested documents. The party requesting the subpoena must show that the testimony of the witness or the evidence in the documents: (1) is relevant (2) is not cumulative or repetitive; and (3) serves the interest of the party seeking the subpoena. The Commission may deny a subpoena request if these requirements are not met.
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  9. What is an affidavit?
    An affidavit is a statement, which is sworn under oath before a notary public. It is not merely a notarized statement.
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  10. Can an affidavit be used for evidence instead of testimony from a witness during the hearing?
    Yes. However, affidavits may not have as much weight as live testimony given under oath. If a party or witness is unable to attend the hearing, an affidavit may be provided. The affidavit should include all facts, preferably in chronological order. Affidavits must be received in time to be considered at the hearing.
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  11. Can a hearing be delayed, postponed, or rescheduled?
    A request to postpone or reschedule the hearing will only be granted for good cause. If a party must request a postponement or rescheduling, contact the Clerk of First Level Appeals IMMEDIATELY by telephone at (804) 786-3020. If the request for postponement or rescheduling is denied, a decision will be issued based on available evidence. The decision will explain your appeal rights. If you do not receive a response to your request for postponement, YOU SHOULD PARTICIPATE IN THE HEARING.
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  12. How do I withdraw or cancel an appeal? If you filed an appeal, you may ask to withdraw or cancel it at any time. The request must be in writing, signed by you, and sent to the Clerk of First Level Appeals at firstlevelappeals@vec.virginia.gov or you can mail the request. You may also withdraw your appeal online through your customer self-service portal.
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  13. Can evidence from an Appeals Examiner's hearing be used in other legal proceedings?
    No. Evidence such as testimony and documents provided to the Virginia Employment Commission can only be used in cases under the Virginia Unemployment Compensation Act. Appeals hearings cannot be used for discovery or "fishing expeditions" for other legal proceedings.
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  14. Can a party record their hearing?
    No. By law, the Appeals Examiner is the only person allowed to record of the hearing. A party is allowed to hire a court reporter at their own expense to record the hearing.
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  15. Are interpreters and translators available?
    Yes. Any party, representative, or witness who needs an interpreter or translator must contact or notify the Clerk of First Level Appeals as soon as possible of the request for an interpreter. Interpreters are provided for hearings; translators are provided for documents.
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  16. Is assistance available for individuals who are visually-   or hearing-impaired   or those  needing reasonable accommodation?
    Yes. The Virginia Employment Commission is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.

    For TTY Callers: Virginia Relay, Call 711 or 800-828-1120. Virginia Relay enables people who are deaf, hard of hearing, deafblind, or speech disabled to communicate by text telephone (TTY). Any party, representative, or witness requesting reasonable accommodations must contact the Clerk of First Level Appeals so that arrangements can be made for their participation prior to the scheduled hearing.
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  17. Can the Decision of Appeals Examiner be appealed?
    Yes. Any party who disagrees with the Appeals Examiner’s decision has a right to appeal if the decision is against their interest. The appeal must be filed within 30 days of the date the decision was mailed. The decision shows the final date (deadline) for filing the appeal. Refer to FAQ Question 2, “How can I file an appeal to First Level Appeals?” for information about how to file an appeal.
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  18. What if I experienced bias in the appeals process or during the hearing?
    Please contact the Chief of First Level Appeals, in care of the Clerk of First Level Appeals, as soon as possible.
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  19. What if I experienced discrimination in the appeals process or during the hearing?
    If you think you experienced discrimination in a Title 1 financially assisted program or activity under the Workforce Innovation and Opportunity Act (WIOA), you may file a complaint within 180 days from the date of the alleged violation. More information is available at WIOA Adult Program | U.S. Department of Labor (dol.gov).
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Appeal of Appeals Examiner's Decision FAQ's

If you are in doubt about any of the information, please do not hesitate to contact the Office of Commission Appeals for further clarification at (804) 786-4140.

  1. What is the next step after filing the appeal?
    After filing an appeal from the appeals examiner's decision, a Notice of Appeal will be mailed to all parties along with the appeal itself. The Notice of Appeal is a means to advise the parties that an appeal has been filed and to provide additional information. Unless a hearing is requested in writing, the case will be assigned to a special examiner who will review all of the information previously submitted and make a decision. Please thoroughly read the Notice of Appeal that you received.
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  2. When is my hearing?
    Hearings are not automatically scheduled at the Commission level. A hearing before the Commission must be requested in writing. That request must be made within 14 days from the date the Notice of Appeal was mailed.
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  3. How do I get a transcript?
    A transcript of hearing is usually provided at no cost if there is a timely written request for a hearing.
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  4. May I participate by telephone?
    The Office of Commission Appeals may permit oral argument hearings to be conducted by telephone with the consent of all interested parties.  Generally, however, most hearings for testimony and evidence are conducted in person at the Central Office in Richmond, Virginia.
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  5. The decision was reversed in my favor - when will I receive my check?
    Please contact the local office where the claim was filed or the Customer Contact Center at 1-866-832-2363.
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  6. I need to request a postponement of the hearing. What should I do?
    A postponement can only be granted by a special examiner and only after it has been shown that material and substantial harm may result from denying the request. A request for postponement must be made as soon as possible and should be made by telephone to the Office of Commission Appeals (804) 786-4140.
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  7. What is the difference between a hearing for oral argument and a hearing for additional evidence?
    At an oral argument hearing, you can explain why, based on the information previously submitted, the appeals examiner's decision should be changed or remain the same. You will not be allowed to present new evidence.

    At a hearing for additional evidence, you will have the opportunity to present additional information that was not provided earlier. There may be limitations imposed by the special examiner who hears the case. If so, those limitations will usually be explained on the hearing notice or in a separate letter.
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  8. Can you subpoena someone?
    There are rare instances when subpoenas can be issued, but only if the Commission has decided to receive additional evidence in the case. Subpoenas should be requested by writing the Clerk of the Commission, Office of Commission Appeals, P.O. Box 26441, Richmond, VA 23218 or calling (804) 786-4140.
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  9. What could happen if I don't pursue this appeal?
    If a qualification for benefits is reversed on appeal, the claimant will be required to repay any benefits paid after the effective date of the disqualification. If a qualification for benefits is affirmed or if a disqualification is reversed, the last 30-day employer will usually incur charges to his experience rating account. A reimbursable employer will have to pay all or a portion of benefits actually paid to the claimant.
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