1) According to data from 2008, only 26% of Virginia unemployment claimants were successful, while 74% were unsuccessful. Most claimants go to hearings without proper preparation or representation. 2) It is beneficial for claimants to consult with a legal representative familiar with Virginia's unemployment system prior to the initial fact-finding interview with a deputy examiner. The representative can evaluate the claim and advise on how to present facts. 3) If a claim is initially denied, claimants should contact their representative before filing an appeal to get guidance on gathering supporting evidence for the hearing with an attorney examiner. Taking these procedural steps gives claimants the best chance to succeed in their appeal.

1. Virginia Unemployment Compensation; Some Practical Procedural Tips for Claimants
According to data compiled by National Employment Law Project (NELP)
(http://www.nelp.org/index.php/site/issues/category/State_Reports_and_Statistics/) in the second
quarter of 2008, only 26% of Virginia claimants were successful in claiming unemployment
compensation. Thus, approximately 74% of the claimants did not succeed with their claims.
Since most attorneys do not offer representation solely for unemployment benefits, most
claimants go to hearings without adequate preparation and representation. Unfortunately, most
people with meritorious claims lack legal training. Consequently, they do not know how to
effectively present evidence and conduct a direct and cross examination of the employer and/or
his or her witnesses. These skills are frequently critical to establishing the actual facts of the
case. This results in many claimants being at a strong disadvantage from an employer, who has
decided to contest the claim on the grounds that the employee committed misconduct or
voluntarily quit without good cause. This disadvantage becomes even more pronounced when
the employer has professional representation. Therefore, claimants may be helped by the
following practical guidance:
1. In Virginia, once you file for unemployment compensation and meet the monetary
eligibility standards (i.e., having worked sufficient quarters in a representative period),
you will be interviewed by a non-attorney Deputy Examiner who will conduct a fact-
finding interview of both you and the employer in an effort to determine why you were
terminated. This is not a hearing as the Deputy Examiner is not giving you and the
employer an opportunity to resolve any disagreement about what occurred before you
were fired. As a general rule, once your employer asserts misconduct or alleges that the
employee voluntarily quit, the deputy examiner will deny your claim.
2. Prior to the fact-finding interview, it is beneficial for you to consult with an attorney or
representative who has legal knowledge on Virginia’s unemployment compensation
system and who has experience representing claimants before the Virginia Employment
Commission (VEC). They can evaluate your claim, advise you on whether it has merits
and provide guidance on how you should present the facts of your case to the Deputy
Examiner. You should be totally forthcoming during this consultation because hiding
information will not help you. Your representative needs to know all the relevant
information or she or he won’t be able to effectively address it and defend you when it is
later made known at upcoming proceedings.
3. If you have a meritorious claim, which is denied by the Deputy Examiner, you should
promptly again contact your representative prior to filing an appeal of this decision,
requesting a 1st level hearing before an Attorney Examiner. You will have 30 days from

2. the date of the mailing of the Deputy Examiner's decision to appeal. At this stage, the
representative will give you further guidance on what evidence to gather in support of
your appeal. It is important to obtain this information before an appeal is filed.
4. When an appeal is filed, the VEC will send you in about 10 days a packet of materials
containing the hearing notice and the results of the fact-finding interview along with
other preliminary documents leading up to the fact-finding interview and any other
documents that either you and/or your employer may have submitted in support of your
respective statements.
5. As soon as you receive this VEC packet, it is extremely important for you to return to
your legal representative as quickly as possible so that additional guidance, possible
representation and preparation can be timely arranged. Do not delay in contacting your
legal representative as it can be and often is harmful to your case. Proper preparation
takes time and may involve interviewing witnesses and/or taking affidavits.
6. Taking all of these steps will give you the best opportunity to succeed in your appeal.