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If an employee who left her employer due to hardships and received denial of benefits in the conference hearing, is there a possiblity to write a written review and get this decision overturned?

by Diane
(Orlando, Fla)

My name is Diane Stelly and I live in Orlando, Fla. I voluntarily left my employer in December and attempted to collect unemployment... I was putting in approximately 79 hours per week/my department had hours cut causing me and my coworker to make up the slack as well as a huge lack of training and support. I had a conference hearing last week where the decision was denied based on the fact that the State felt I did not make a reasonable effort to preserve the employment relationship prior to leaving and that I should have gone above and beyond my direct supervisor to upper management with my claims. Based on this, my unemployment benefits were denied. I know that I have an additional 20 days to request a written review.... is there any possibility or chance that I can still get this decison overturned?? There are more specific details involved with how I was threatened to be fired (which they denied) ... but I want to know if there is a chance for the denial to get benefits approved in anyway?

Hi Diane,

I don't help people with board appeals because they almost never work. They are a different kind of appeal and are based on the record established at the hearing and errors made by the hearing officer.

You cannot add additional testimony or evidence with the board appeal .. the board appeal could result in having the matter reversed, amended, or remanded back to the lower level for rehearing or possibly even further developing the record.

My suggestion to anyone who thinks they have valid cause for this level of appeal is to talk to a lawyer.

If you think the hearing officer made mistakes .. this page might help you pinpoint the errors.

You need a copy of the recording of the hearing to do a good job with this appeal .. You can also check the procedures for board appeals .. you may just have to first notify them that you are appealing, but if you want it to actually be a "worthy appeal" .. you need a "legal brief" which outlines the errors.

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