I won my appeal for Texas unemployment benefits and now the employer is appealing
I'm not sure what to do or how to prepare for the appeal hearing. The first hearing the employer did not show up for (it was a phone hearing) the unemployment rep proceeded without the employer - spoke to my witness and I was awarded unemployment - I get a notification via mail that the employer has appealed the decision and I have another telephone hearing to determine first "if the petitioner (employer) had good cause for failing to appear at the previous hearing" and then if unemployment benefits were justly or unjustly given to me. my questions are: - Will the testimony my witness gave under oath at the first hearing stand or do I need to ask her to participate again? Should I have people write charter letters for me and submit those? ANY help would be greatly appreciated.
A little more history would be helpful to me.
1. Who appealed the claim determination originally?
2. Was it a quit, or a discharge?
3. Do you know if the employer (ER), or the ER's representative requested a postponement prior to the hearing that might of been denied?
4. Did the ER's representative put any request for postponement on the record during the hearing?
5. Did the board remand this back down to the tribunal for an "additional" hearing in front of the same hearing officer, or did they vacate the hearing decision and order a new hearing? (This is important for the question about having your witness there again).
6. Where was this "employer rep" from? Doesn't make sense to me that a rep with no first hand knowledge who had also requested a ppd. prior to the hearing would even appear (sort of like waiving a right), but instead, just go with the board appeal to an unfavorable hearing decision to get it remanded.
And you'll have to tell me what a charter letter is? But generally, I wouldn't tell someone written letters, or statements without having the person who wrote a statement available for questioning .. is a good way to roll at a hearing.