Protest an Employee's Claim for Unemployment Insurance Benefits

Notice to Employers 

If an unemployment insurance (UI) claim is determined monetarily eligible, a Notice of Claim (form 65-5317) is sent to the claimant's most recent employer and to all employers in the claimant's base period. The employer may protest payment of benefits if the employer feels the individual is not qualified.  

To protest a UI claim, or to report payments applicable to the days/weeks following the effective date of the UI claim, the employer must mail or fax the notice to IWD stating the reasons for protest and sign the notice. The employer’s signature must be on the protest or it may be rejected by IWD. The response must be postmarked or received within 10 days from the date it was mailed to the employer. 

The mailing address and fax numbers are listed on the Notice of Claim letter. Please do not return the original if faxing.  

Fact-Finding Interview

The fact-finding interview will be conducted by telephone.  A notice for the fact-finding interview is mailed to the employer and the claimant. The notice will include the scheduled date, time and the telephone numbers the fact-finder will call for the interview.  

Employers are urged to participate in the fact-finding interview. Failure to participate or provide all relevant information could result in the employer’s account being charged in the event of an appeal. The IWD fact-finding telephone and fax numbers are listed on the notice of interview. 

It is important to include identifying information on all correspondence, such as:

  • employer name
  • claimant name
  • claimant's social security number
  • date and time of the scheduled interview

If the employer or claimant cannot participate in the interview or provide an explanation of the issue, a decision must be made on the available facts. 

Employers who fail to participate in a fact-finding that results in an overpayment of claimant benefits will remain responsible for the benefit charges. An overpayment results when the original fact-finding decision is appealed to an administrative law judge and is ultimately overturned in favor of the employer. Employers will no longer be relieved of the charges if the employer or a designated representative does not participate in the fact-finding. 

During the fact-finding interview, an IWD representative will ask the employer and claimant questions and allow both parties to explain his or her position on the issue. Both parties will be allowed to present witnesses and evidence during the interview. A decision regarding the claimant’s eligibility to receive unemployment benefits will be issued by IWD within a few days of the fact-finding interview. The decision will be mailed to both the employer and the claimant. If either party disagrees with the decision, he or she may file an appeal. Instructions for doing so are included on the reverse side of the decision. The appeal must be postmarked or received within 10 calendar days of the mailing date of the initial decision. To appeal a UI decision or for additional information on the appeal process, visit UI appeals