I won my unemployment appeal hearing and want to know what the chances are of my former employer winning if they take it to the board of review?
I was initially denied employment as the employer protested.....so we went to the appeal hearing step (I filed an appeal). I also hired an attorney to represent me at the appeal and we won.
I won based on change in job description (they kept giving me more and more duties that were not included in the job I was hired for, but yet cut pay and hours).
I just want to know what the chances are for the employer to go to the board of review and win when I just appealed and won?
Based upon my experience as a hearing coordinator for a large cost control company, the first questions I would ask you is this:
Was the employer present for the hearing?
Was the employer witness with first hand (direct knowledge) of your separation from work present also?
If a request I had made as a third party administrator for an employer was for a postponement and it was denied by the tribunal appeal section, it was S.O.P. to appeal any hearing decision to the board of review.
The documented postponement request I had made would of also, been scanned and I would of course made notes about it. When the hearing decision arrived announcing the employer's loss, this all would of been used to request a reopening on appeal to the board to support a basis of being denied the request I always tried to make sound like good cause. The appeal letter itself may of included a short written argument, possibly supported by some case law and of course the documents and possibly my notes on a claim.
Hearing decision are appealed due to errors made during a hearing, or by the appeal section.
This is rather important because as that hearing coordinator, a primary function of what I did for an employer was to make postponement requests for an employer's first hand witness who might of been unable to attend the hearing .. which happened more frequently that most people might think.
If the first hand witnesses were all present and offered testimony and
had their chance to submit documentation for their case .. the appeal would then needs be based upon a perceived procedural error of a hearing officer. Those type of board appeals may include reference to things like ignoring testimony, giving improper weight to hearsay vs. direct testimony, or refusal to allow a document into the record .. etc.
This is a more difficult and technically, legal type of board appeal.
Yet, some employers never cared to go beyond the lower level appeal decision, because taking witnesses out of work might be weighted against the liability of a claim.
Another thing that does effect a decision to appeal further is if an employer used one of those third party vendors. Many employers were unreasonable about facing the fact their case may of stunk if one were to take a look at the merits. But, the customer is always right you know, and it takes little effort to appeal a hearing decision you never plan on submitting a written argument on behalf of the employer for.
I also knew some in-house hearing reps that took their losses personally and who would persuade a less an employer to appeal if the loss was because the hearing rep thought the hearing officer was completely off the farm.
The chances of either party (claimant, or employer) winning on appeal to a board is not great when the hearing was conducted with fairness and impartiality. But having a case remanded is something even a claimant should be prepared for .. prior to the first hearing.
Don't buy the board trouble before it happens.
Just prepare for the first hearing because it's usually the last for those who attend it.
Be represented and know that is something that doubles your odds of winning .. when your case is based on arguable merits.
I'm sure your earing representative
h has considered the possibility of a board appeal and in fact, a big part of a reps job is to protect your rights to due process during the hearing.
Guess what, not all employers, or hearing officers will have the same level of respect for your rights like someone advocating on your behalf.