Contact Us:

Office of Appeals
(785) 296-1800
(785) 291-6086 (FAX)
401 SW Topeka Blvd, Topeka, KS, 66603-3182

FAQs

Can I have witnesses at the hearing?

Yes, all witness names and telephone numbers must be provided to the Office of Appeals by 1 p.m. the business day prior to the hearing.
Can I submit evidence?

Yes, all evidence must be submitted to both the Office of Appeals and the opposing party no later than 1 p.m. the business day prior to the hearing. If you do not provide the evidence to both parties in advance as required, use of the evidence may be denied. The name and address of the opposing party is listed on the bottom of the Notice of Telephone Hearing.
Can I subpoena evidence or witnesses?

You may request that the Office of Appeals issue a subpoena to obtain necessary witnesses or evidence. The request for a subpoena must be made in writing at least seven days before the hearing date. Your request for a subpoena can be denied, but you can state an objection to the denial at the hearing. You must attempt to obtain the evidence or witness for the hearing yourself before seeking a subpoena.
Do I need an attorney?

Although it is not required, you have the right to be represented by an attorney licensed in the state of Kansas or a duly authorized representative at your hearing. A duly authorized representative is a union representative, a supervised law student, an employee of a corporate employer or an employee of the employer’s cost control firm.
How do I request an appeal?

Write a letter asking for an appeal and submit it to the Office of Appeals. The letter should include your name, the last four digits of your Social Security number, your current address, your phone number, and the determination you are appealing. Send the letter to:

Office of Appeals
401 SW Topeka Blvd
Topeka, KS 66603-3182
(785) 291-6086 (FAX)
How long does the whole process take?

Your hearing will be set for the first available time after we receive your request. The length of time before your hearing will depend on the number of other appeals to be heard. The length of time to issue each decision varies widely depending upon the complexity of the case. Your decision will be mailed to you as soon as possible after the hearing.
How long will the hearing take?

Hearings are normally scheduled for 45 minutes to an hour, but the length of the hearings can vary depending on number of witnesses, volume of evidence and types of issues.
If I get an attorney, what do I need to do?

An attorney must file a written entry of appearance before the hearing with the Office of Appeals.
The opposing party filed an appeal. Do I have to participate?

You are not required to participate. However, failing to participate could negatively impact your benefits (for claimants) or your employer tax liability (for employers). For example, a claimant who has been paid benefits and receives an unfavorable appeal decision could result not only in a loss of future benefits, but also an overpayment of benefits previously paid. It is important to appear and participate in the hearing to protect your rights.
What if I am not available at the time of my scheduled hearing?

If you have good cause why you cannot participate at the scheduled time, you may request to reschedule the hearing, this is called a “continuance.” Good cause is a compelling personal emergency and not simply inconvenience. The request for a continuance must be made in writing by 1 p.m. the business day prior to the scheduled hearing.
What if I disagree with the decision of the Appeals Referee?

Either party may request the decision not in their favor be reviewed by the Employment Security Board of Review (the Board). Instructions for filing that appeal are on the last page of the Appeals Referee’s decision. In short, the appeal must be filed with the Employment Security Board of Review within sixteen (16) days after the mailing date of the decision. If you disagree with the decision of the Kansas Employment Security Board of Review, you may appeal it in the Kansas District Court where the decision was issued or became effective. The procedure for appealing to district court is also provided in K.S.A. 44-709 (i) and K.S.A. 77-601.
What if I need an interpreter or some other accommodation for the hearing?

Interpreter services or disability assistance will be provided upon request.
What if I want an in-person hearing?

In-person hearings are held on a very limited basis if a telephone hearing is not possible. To request an in-person hearing, you must submit the request in writing. The party requesting the in-person hearing may be granted the right to appear in person, but the other party will have the option of appearing via telephone or in person unless the Appeals Referee determines that it would be best for all parties to appear in person. All in-person hearings are held in Topeka, Kansas.
Who pays for the attorney?

All attorney fees must be paid by the person or company hiring the attorney. Attorney fees assessed to the claimant must be approved by the Secretary of Labor in accordance with K.S.A. 44-718(b). The Secretary of Labor may not approve fees in excess of 25 percent of the claimant's total benefit amount.

Appeals

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Overview

As described on the Eligibility Page a claimant may go through a process called adjudications to determine the claimant’s eligibility for unemployment benefits. If it has been determined that you are not eligible for unemployment benefits, you have the right to appeal the determination. Your rights for appeal are listed at the bottom of your Notice of Determination (KBEN 3221) letter. This letter is sent physically by mail. If you disagree with the determination that was made on your eligibility for unemployment benefits, you have sixteen (16) days after it is mailed to submit a letter stating you wish to file an appeal. You will mail or fax your request for an appeal to:

Kansas Department of Labor, Office of Appeals
401 SW Topeka Blvd., Topeka, Ks 66603-3182
Fax: (785) 291-6086

Note: You can Include a request for interpreter services or disability assistance in your letter of appeal. This information needs to be on the main page.

Appeals Process:

After your appeal has been scheduled, you will receive a Notice of Telephone Hearing. This notice has instructions on how to prepare for your appeal hearing and your hearing packet. The Notice of Telephone Hearing will list the date and time of your hearing. Follow the instructions on the notice to register for the hearing by providing a contact telephone number.
IMPORTANT: Register as soon as you receive your hearing notice, and no later than 1 p.m. the business day before the scheduled hearing or you will not be called for the hearing.
The appeal hearing will be by telephone. Hearings are normally scheduled for 45 minutes to an hour. This timeframe will vary depending on number of witnesses, volume of evidence and types of issues. You will be called by the Appeals Referee at the time of your hearing. The opposing party and any additional witnesses or representatives will also appear on the same telephone call. The Appeals Referee will explain the hearing procedures and then both parties will have the opportunity to present their testimony and evidence. Cross-examination is also allowed. Both parties will have the chance to make a final statement before the conclusion of the hearing.
After the hearing, the Appeals Referee will consider both the facts and the law and issue a written decision that will be mailed to both parties. You will not be given a decision the day of your hearing.

If you do not agree with the decision of the Appeals Referee, you may appeal to the Kansas Employment Security Board of Review stating the reasons you disagree with the Referee’s Decision. Mail or fax your appeal to:

Kansas Employment Security Board of Review
401 SW Topeka Blvd, Topeka, KS 66603
Fax: (785) 296-4065

IMPORTANT: You have sixteen (16) calendar days from the date this Decision was mailed to file an appeal before the Decision becomes final.

If you disagree with the decision of the Kansas Employment Security Board of Review, you may appeal it in the Kansas District Court where the decision was issued or became effective. The procedure for appealing to district court is also provided in K.S.A. 44-709 (i) and K.S.A. 77-601.