There are only two main reasons you can be denied benefits in New Hampshire:

You quit voluntarily without good cause.
You were discharged for misconduct connected with your work.

When you file an appeal, what you are really saying is either:

You had good cause to quit.
You didn’t do anything wrong at work.

Here’s how to make your case.

Get your documents.

We assume you filed your appeal on time. That is, you filled in the form at the bottom of your notice of disqualification, and got it postmarked within ten days of the date on the decision. (If you messed that up, it’s not always fatal, but it does pose a problem.)

You’ll get a hearing notice with your case number. Go to the address on the notice and ask for a copy of your file. You’ll find out why your benefits were denied, what your employer’s story is, and what documents the Department of Employment Services (“DES”) is going to consider at the hearing. See whether the employer responded within ten days. If not, he can’t cross-examine you at the hearing and can’t appeal if you win.

Write to your employer and ask for your personnel file. Under RSA 275:56, your employer must provide the file to you upon your request. It will contain your performance evaluations and any disciplinary notices. These may come in handy at your hearing. If the boss says you were consistently screwing up, why are your annual reviews so great? Why aren’t there any written warnings in your file?

Don’t be intimidated.

An appeal hearing is a little like a trial. A hearing officer, called the Appeal Tribunal Chairperson, sits at the head of the table, asking questions and recording everything that happens. The important thing to remember is not to get bogged down in irrelevant details. Emphasize the main reason you should win—and always tell the truth.

If it’s your appeal, you’ll go first. The officer will accept documents in evidence and ask you questions. This is your opportunity to offer any documents you think are relevant. If you have witnesses, they can testify. The employer can cross-examine you or your witnesses.

Then it’s the employer’s turn. You can cross-examine any witness or object to documents. When you question the employer, avoid theatrics. This isn’t “Law and Order.” Be calm, reasonable, and courteous. Don’t interrupt anyone, particularly the review examiner. Address witnesses as Mr. or Ms., and don’t get sidetracked about peripheral matters.

Make Your Case.

There are two main reasons for disqualification, but there are infinite ways the facts of your case can apply to them. We can give you some examples that may help.

a. You Quit.

If you quit, you will be disqualified unless you can show that you had “good cause”

Some examples of good cause are:

Your employer made your work situation unreasonably difficult.
Your work conditions were harmful to your health or safety.
Your employer made negative changes to your work, like reduced pay or a reduction in hours.
You were ill, or you had to care for a child or family member, and you couldn’t get a leave of absence.
You moved because of your spouse’s new job and could no longer commute to work.
You or a family member was a victim of domestic violence.
You left to take another job, which you lost.

b. You Did Something Wrong At Work.

You are disqualified for “engaging in misconduct connected with your work.” The employer must show either that:

Your misconduct was recurring, careless or negligent; or
Your single instance of misconduct was a deliberate violation of a company rule reasonably designed to protect the legitimate business interests of the employer.

Some examples of misconduct include:

Insubordination.
Coming to work under the influence of alcohol or drugs.
Fighting with co-workers.

You might win if you can show that:

You only did something wrong once and it wasn’t intentional.
You didn’t know that what you did was wrong.
There was no oral or written rule communicated to you.
The rule you violated was not reasonable.

c. You Committed a Crime.

You can be fired if you were convicted of a felony or misdemeanor. You must have been convicted. Just being charged with a crime, or admitting to sufficient facts may not be a“conviction.”

4. Need a Lawyer?

You don’t need a lawyer. The system is designed so that you can go in, make your case in ordinary language—it doesn’t have to be English—and get a fair hearing. But consider that your boss may have a lawyer, an HR professional, or someone else who has done this before and knows the ropes. It can be intimidating, and you may feel at a disadvantage. Your potential benefits may be substantial, and a lawyer will help you protect them.

At Unemployment Law Group, we realize you’ve just lost your job and probably don’t have a lot of money, so we provide representation at an affordable flat fee. Contact us to talk about your case. (We’re happy to talk with you, but we don’t represent you unless you decide to retain us and pay your fee.)

Good luck!