Written by attorney Nicholas M. McLeod

Progression of a Wisconsin Unemployment Insurance Hearing

1.Application for benefits. Eligible employees may make their initial claims online or by telephone. (1 day). or toll free 1-800-UC-CLAIM.

2.Investigation/Adjudication. The UI Division will assign an Adjudicator (Investigator) to determine whether the claimant is eligible for benefits by contacting both the employer and the employee in writing and/or by telephone and evaluating the facts. The Adjudicator issues an initial determination. (2-3 weeks).

3.ALJ Appeal. Both the employer and the employee have an opportunity to request a formal hearing before an Administrative Law Judge. The Initial Determination may be appealed by the deadline listed on the Initial Determination. If a late appeal is filed, the late appellant must establish, at a hearing before an ALJ, that it had good cause for the late appeal. If a timely appeal is filed, a hearing will be scheduled. (3-8 weeks).

4.ALJ Determination. The ALJ will issue a written determination following the hearing. Both parties may formally appeal this Appeal Tribunal Determination to the Labor Industry Review Commission (LIRC) by mail, fax, or online. (1 day-1 month).

P. O. Box 8126, Madison WI 53708-8126

Fax: (608) 267-4409

5.LIRC Appeal. The LIRC will review the record, determine whether the appeal warrants reversal or a new hearing, and issue a written determination. Either party may request copies of the hearing recording, a typed synopsis, and/or an opportunity to submit position statement or briefs. (3-6 months).

6.Circuit Court. Either losing party may appeal to Circuit Court. The Circuit Court will review the record and issue a decision and order. (3-6 months).

7.Court of Appeals. Either losing party may appeal to the Wisconsin Court of Appeals by following the Rules of Appellate Procedure. (3-12 months).

8.WisconsinSupreme Court. Either losing party may petition the Wisconsin Supreme Court for certiorari.

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