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Alabama Employer Didn't Attend Hearing, But Has Appealed To The Board Of Review

by Marla
(Alabama Unemployment Appeal)

The basics:

*Worked for a homeless shelter for pregnant women over five years.
*Original job description included:working shifts (nights included) Doula services, Childbirth Education, CPR Instructor, answering phones, assisting residents,keeping the shelter safe (peace between residents, alarms, rules...), paper work (keeping progress notes on each resident) helping with incoming donations.
*New Administrator and new job description (in addition to our original duties): Day Care/Foster Care Provider..From 8am to 5p.m. while residents are working(some residents work night shifts), in school, incarcerated (yea, Jail) or in the hospital. Changing diapers, bathing, feeding, sleeping, organizing play and educational games (and more).
*Told new Administrator that day care/foster care was to excessive, and I could not do day care duties (on top of my original duties).
*Administrator demanded signed and agreed to "new job description" by Sept 30 (two emails)
* I quit on Sept 30, because I could not to child care work.
*Applied for unemployment
*Denied (because I quit)
*I appealed
*I had phone appeal (employer was a no show)
*I won (new duties found to be excessive)
*Employer is now appealing my winning
Question: The letter I received last which stated the employer is appealing, did not give any date or other information. Is this going to be another phone meeting with me and the employer? Do I just wait to hear something?





Hi Marla,

Gotta love those non-profits .. doing all that good and needed work for those in need, but treating employees like their own personal chattel because they don't have enough funding for a full staff.

Sounds like you received an appeal acknowledgement. Many states send these out to all interested parties and it's what puts you on notice when you're opposition has appealed.

If your employer is appealing a hearing decision .. it's a board appeal and if memory serves .. AL allows for oral arguments sometimes ..

However, since your employer didn't show for the hearing .. my guess is that they are going for a remand, probably claiming they didn't receive the hearing notice or they didn't get it in time .. or they requested a continuance for good cause, but were denied that request .. or ... or ... or

I hope you're getting the picture because the board can also vacate the lower hearing decision when they remand.

There's not much to do until you get something from the board telling you the appeal is being dismissed for no good cause .. or an order remanding it back to the lower level for a new hearing which would also probably vacate your win decision.

If the former happens .. celebrate .. if the latter happens .. prepare for another hearing .. only this time with the employer in attendance.


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Dec 13, 2011
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Employer Appeal Denied
by: Marla

OK, this is where I am at. My employer filed an application for leave to appeal to the Board of Appeals, concerning my awarded unemployment. And, now I received this certified letter from the State saying "Disallowing the application for leave to appeal to the Board of Appeals." So, does this mean I win? It would help if the State could just put it in PLAIN english for us all to understand.I assume that my former employer was denied her appeal, which means my favorable ruling stands.




That's exactly what I too would interpret that to mean .. they aren't allowing her appeal .. they usually give a reason too.

If they put it in plain English so we could all understand .. they might think that would be a good reason for appeals should a person miss the fact that unemployment is completely "quasi" legalistic ..

Chris

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