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After receiving unemployment benefits for 3 months, I was informed that my former employer was going to appeal my case unless I find a job soon. Is that possible? I live in California

by Robert
(Los angeles, CA)

After receiving unemployment benefits for 3 months, I was informed that my former employer is going to appeal my case unless I find a job soon.


Is that possible? I live in California by the way.




Hi Robert,


An employer who bases whether to appeal on a claimant not yet finding a job doesn't make sense.

Appealing, both first stage (tribunal) and second stage (board of review appeals) are subject to being received before an appeal deadline.

And I'm not going into the issue of showing good cause for an untimely appeal .. except to show the deadlines by state.

See chart 7-2 in the 2014 Appeal chartbook for time limits for appeals state by state.

Employers appeal benefits .. because they disagree with a determination allowing benefits because each claim the state deems to pay cost them when their unemployment tax rate is hiked up to recoup the cost of benefits paid.

An employer appeal which states the reason is you haven't found new work .. would be a big fat loser.

When employers appeal they state the reason they wish to appeal. Generally, the claimant was discharged for work related misconduct, or the separation was a voluntarily quit without good cause. At least to receive unemployment benefits for.

And I wonder why employer's still win approximately 75 percent of the appeals they file.

I guess my question would be if maybe .. whoever told you this .. was just trying to get you to actually look for work. Looking for and keep a record of your searches for work is related to conditional requirements to collect benefits .. week after week and sometimes .. employers, or anyone really will report to an unemployment department that unemployment fraud may be going on.

Chris

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