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?
Was the employer present at the hearing? If they were I wouldn't be as concerned about it as I would if you tell me they didn't appear and you won.
An appeal to board is based upon a procedural error. Coming from the line of work I was in .. I can tell you that it was standard operating procedure to appeal to the board if an employer's request for postponement was denied.
If they were present and offered testimony and had their chance to submit documentation for their case .. the appeal also needs to be based upon a perceived error, but instead of showing that a postponement was denied without good cause, they have to focus upon what they believe to be an error in procedure made by the ALJ, whether it is for something like ignoring testimony or giving improper weight to hearsay vs. direct testimony, refusal to allow a document into the record .. etc. This isn't as easy to do.
Some employers never care to go beyond the lower level appeal decision, you just never know. Another thing that can effect the decision to appeal further is if an employer used one of those third party vendors.
I know a lot of hearing reps that take losses personally. They may actually persuade an employer to appeal.
The chances of your employer winning on appeal to the board is not great, but it's better for a remand which means another hearing. It's also doubtful that IL would remand it de novo (like the first one didn't happen) but just to gather more information. Yet it can happen.
If a claimant's employer does appeal to the board .. I think that the claimant should definitely contact an attorney.
ALJ's are usually given wide berth in determining things like credibility, but there are some goofy hearing officers out there that simply make a lot of mistakes primarily because of their biases and boards will remand some hearings back to the lower level to be heard again or reverse decisions. This is the exception and not the rule.
I suppose the best thing you have going for you in Illinois is that the hearing officers are attorneys. Some states do not require hearing officers to be attorneys.
Pennsylvania and New Jersey jump to mind right now.
Don't worry yet. I'm sure your attorney has considered this. What did they say? What makes you concerned the employer will appeal?