Late appeals/new alligations submitted by employer is this leagal?
(san diego ca )
I was fired, when unemployment asked why, i told them i wasnt givin a reason,other than my supervisor didnt like me, when they asked my employer she wouldnt give them a reason either so i was granted unemployment. now 12 months later my employer wants to appeal it the appeal date is 6/25/2010 the appeal process date is 7/01/2010 what happened to the 20 day rule? also now she’s coming up with all these reasons for firing me that was never brought up before. we have a phone hearing on the 14th of sept. am i suppose to respond to the courts with a letter in response to the alligations she’s making or wait for the hearing? i have witnesses as to my excellent work there but their still working there so im pretty much on my own.
No reason to thank me. I’m not going to provide a consultation.
Yes, respond at the hearing. Do you happen to have the hearing notice yet? No mention of “late appeal” as an issue?
As far as the twenty day rule .. some states allow employers to appeal when they become chargeable, but again .. I would need more information like “dates” and maybe even be allowed to see the state documentation for myself to make heads or tails out of what’s going on.
If you have witnesses .. do your best to have them attend .. even if you have to request a subpoenas .. but be warned, CA is denying subpoenas and telling claimants that they don’t need to do this because the burden of proof in a discharge is on the employer. At least so I’ve been told by others in California.
If they do this to you .. request a continuance and the subpoena again at the hearing stating the relevance for the need .. just so it is on the “record”.
Bring all you legal ammo to the hearing .. don’t be fooled by that “next appeal level” .. it’s a bear to win because it’s based on the “record” and errors made when developing the record.