i had my phone appeal my employer did not participate will i win the appeal

I was fired from work. I was arrested and incarcerated. I had a good attendance record with no misconduct at work. Can i draw unemployment ?

Were you incarcerated wrongly? And what state was it?

to Dom B. – “you will win because they did not show up” is not true. I initially won unemployment (hostile work place for almost 7 years), but employers appealed. I had a telephone hearing scheduled, went to my attorney’s office and when the referee called, she stated she had already attempted to reach the claimiants, and was going to try again. She put us on hold for 6 minutes, came back on the line and stated she was unable to reach them, postponned the hearing and STATED she would continue to try to reach them to reschedule!!! The state tracked them down and hearing is rescheduled for today. . .the state is already against me ~ since it clearly states on their website, if you do not make yourself available for the hearing, you will/can lose. Hmm.

Question: Did your attorney make an appropriate objection at the time?

These rules the states play by also vary .. depending on what state it is .. NY and NJ regularly dismiss .. but without prejudice .. so reopenings are just a simple matter of course.

But, I’m don’t think their is a rule anywhere that allows a hearing officer to make and grant postponements for a non-attending party to the appeal.

Chris

9/10 you will win because they did not show up. BUT the employer can still appeal even if they did not show up the first time. Also, you have 20 days by florida after the mailing of your decision to get all of your money. Being that there are so many people trying to get unemployment and so many people actually getting it, it can be a long process. After you win, the referee has to put it in that you won and that can take up to 2 weeks. After that, you file your next claim and then it should show. So, that is about 20 days all together. That’s how it SHOULD go. I filed for unemployment August 11th, 2010 and was denied after 4 weeks of putting in claims. I continued to claim my weeks and filed an appeal. I had my on the phone hearing Oct 12th, and won Oct 13th. They finally put it in the system Oct 27th. So I was told when I claim my weeks on Nov 2nd it should all be in my bank probably thursday or friday. Hope this helps!!!

you should win