How long does it take for the appeal hearing to be scheduled? Im in Florida

by Tina
(Stuart, Florida)



I was fired on August 10, 2009 being unmanageable! I found that my company was publishing fraudulent information on their web site -= which people pay a subscription to. I had my interview and was denied because I used the phone for personal use not in the best interest of the company.

I hired an attorney - she said that the rules and policies must be consistently applied and if other employees have also used the phone for personal use and were not punished as severely it is not wilful misconduct.

After I found out what the company was doing they made my life miserable, they moved me from my office to a cubicle next to the door, the owner was screaming at me in his office, saying I wasnt a team player - I told him I wouldnt quit he would have to fire me. Im a single mom and live only on my income.

They turned the entire situation around saying I wanted to be fired to collect unemployment - who can live on $196.00 a week, its something to hold me over until I find a job.

I heard that in most cases unemployment appeal hearings are within 5 weeks is that true?

You know the weird part .. if you told the state this information already .. why were you denied? States are supposed to liberally construe the statutes in the claimant's favor .. not the employer's.


Hi Tina,

It should be no more than four weeks, but some of the people who have posted to this website or emailed me, say they have waiting two months.

There are federal guidelines which impose what a reasonable length of time is to complete each segment of the "claims process". Although I don't know exactly what the federal limitation are, I have been told by hearing officers when being denied a postponement request that they are supposed to do their best to complete the appeal process in 30 days.

A failure to do so, in too many individual cases would become part of a states "performance statistics" which could have an effect on the grants states receive to run their UI program .. which is paid for with FUTA taxes employers pay.

I'm glad to hear you have an attorney and I hope it all works out for you.

You're right $196 a week isn't much, but it's better than $0.

Florida should consider raising their taxable wage base so benefits wouldn't be so puny!!






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Oct 23, 2009
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Finally had my hearing
by: Tina - Stuart

Just wanted to let you know I finally had my hearing on August 13th, they have a decision today but wont be posted until Monday.

At the hearing my employer lied through her teeth. After the hearing I was able to get physical evidence that she lied under oath. They also stated I was late 13 time this year but I wasnt fired for that, and I have my time sheets and it was only 6, they were saying anything to make sure I am denied.

I have another option, if I am denied my attorney will appeal again to the commission and then we are filing a whistle blower law suit against the company now that I have the evidence. But this whole process is making me sick to my stomach. I am going to school full time and trying to support my son. The stress is killing me. But Im trying to have a good out look. Hopefully the adjudicator will see through the lies. Stayed tuned.

Sincerely,
Tina

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