Can a First Level appeals hearing be delayed, postponed, or rescheduled?
/FAQs/appeals-process/can-hearing-be-delayed-postponed-or-rescheduledA 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 in writing by fax to: 804-786-8492. If…
What if I experienced bias in the appeals process or during the hearing?
/FAQs/appeals-process/what-if-i-experienced-bias-appeals-process-or-during-hearingPlease contact the Chief of First Level Appeals, in care of the Clerk of First Level Appeals, as soon as possible, at (804) 786-3020.
I need to postpone the Commission Appeals hearing. What should I do?
/FAQs/appeals-process/i-need-postpone-hearing-what-should-i-doA 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…
Who is a party to an appeal?
/FAQs/appeals-process/who-party-appealThe 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.
We won our appeal. When will we get a credit?
/FAQs/employer/we-won-our-appeal-when-will-we-get-creditIf your appeal is successful and the claimant is disqualified from receiving benefits, you will get a credit once the overpayment is repaid by the claimant — or waived if they qualify for a waiver. The VEC works to collect overpayments, and any…
Court and Appeals Decisions
/court-and-appeals-decisionsPrecedent Decision Manual - Contains over 500 VEC and court cases that interpret the provisions of the Virginia Unemployment Compensation Act. This is a useful research tool especially for claimants, employers, attorneys and accountants.…
Can evidence from an Appeals Examiner's hearing be used in other legal proceedings?
/FAQs/appeals-process/can-evidence-appeals-examiners-hearing-be-used-other-legal-proceedingsNo. 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…
What could happen if I don't pursue this appeal?
/FAQs/appeals-process/what-could-happen-if-i-dont-pursue-appealIf 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…
