I am going through an appeal review next week. My case is in the state of NV. What can I expect if I lose my unemployment benefits? This is the second appeal. I won the first one, and now my former boss is appealing the appeal decision. If I win this, can he come after me AGAIN?
Hi,
If you had given me some more information such as ..
Was the employer in attendance at the first level hearing?
Did the employer make a request for a continuance during that hearing that might have been denied and not in accordance with statute?
I might have considered your question answerable on a personal level .. maybe, but it did provide an opportunity to repeat in one place what I have already scattered throughout other Q&A’s.
When your employer appeals to the unemployment board of review
And even when you do.
There are really only two reasons for this type of appeal. The hearing officer erred when applying the law to individual facts of a case or when the hearing officers or some glitch happened somewhere in the appeal process that is in opposition to your rights of due process .. rules of procedure for the hearing.
But when someone tells me their former employer has appealed .. my first thought is that it’s because the employer was unable to attend the first hearing. This is purely based on thousands of requests for postponement that I made for them and were denied .. next step? Request a reopening. It’s not all that difficult to get one in many states and there will just be a non-appearance added to the list of issues to be addressed on the new hearing notice.
And coming from the “job” I came from, I know that if I requested a postponement for an employer which provided good reasons to allow it .. it then just became a matter of appealing to the board of review to get the case reopened and remanded back to the lower level for ANOTHER HEARING.
This is done frequently when the hearing decision arrives.
But if your employer attended the hearing and you did win .. your stress level should go down some.
Appeals based on the hearing officer’s decision itself are much more difficult to be successful with and require a sound and legal argument (a legal brief).
If you win the first hearing and your employer then appeals to a board for review of the record created at the first hearing .. it’s not you that has to win .. it’s the employer that has to show the hearing officer was wrong.
You could, if you want simply write an affirmation letter to the board. (Tell them why you think they should affirm with your own legal brief)
Yes, I know, your basic question is can the employer .. or anyone for that matter, appeal higher than an unemployment review board.
Of course they can, but most don’t.
Why not?
It’s expensive. It would most likely, wind up costing close to, if not more, than what it would cost them to just let you collect the benefits.
But there’s always the “principle of a thing” that can cause some employers and claimants alike to throw their checkbook to the wind and dig in on “the pure principle of the thing”.
Generally speaking, because this all can vary by state, review boards have the power to do a few things with an appeal .. depending on the basis of the appeal.
They reverse the hearing officer’s decision and you then have to repay the benefits or you get them if it was your appeal
They sustain or affirm the hearing officer’s decision and then the appealing party will most likely consider the use of and/or the additional and costly expenses before another appeal which would be an appeal to a “real” court.
Review boards can also modify the decision.
They can also vacate the first hearing decision and reopen the matter by remanding the case back to the lower level for another hearing (usually de novo), or as if the first one never took place .. Your benefits may be stopped again or suspended in this case if you won the first hearing and that decision was vacated.
They also might just send it back for “additional testimony” because they believe that the hearing officer erred by not “fully developing the record”. (Maybe you tried to submit a document or offer testimony deemed irrelevant), but the board agrees that it is relevant.
Basically, they issue an order and the unemployment appeal section complies by doing what they are told to do .. or the unemployment department might appeal the board decision.
Most boards of review don’t hold a hearing, and some states don’t even have one .. you just jump right to court. They all do not hold a hearing .. some only allow “written arguments”.
Most do not accept additional testimony or documentation either because their review is based upon the “RECORD ONLY” that the first hearing created.
Have I mentioned lately that an unemployment claim is a legal claim for money and that ignorance of the legalities can be a primary reason you fail to get benefits?
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