Never received important unemployment mail TWICE!!!

by Kirk

(Philadelphia, PA)

Never received important unemployment mail TWICE!!!

I am at my wit’s end with the appeals process for unemployment compensation in Pennsylvania. I honestly do not know at this time if anything further can be done, but I would appreciate any advice or light you may shed on this situation. I only wish I had found this website prior to all the events that have unfolded.

I was terminated March 29, 2010 from a job in Philadelphia. The owner’s wife tried to call me on my day off and I sent an e-mail stating that I was off work and not an owner/investor/manager. She returned an angry e-mail firing me.

The original determination stated that I was eligible for benefits and received them for a short while. I received a copy of a petition for appeal dated April 29, 2010. I moved in the middle of May, completed a change of address card for the post office, but never received any notice for the hearing. The hearing that I missed (but the employer attended) was held June 23, 2010 in Bristol (not sure why as I and the owner both live and work in Philadelphia) and the referee reversed the decision making me ineligible. I stopped receiving benefits and contacted unemployment compensation and was informed of the missed hearing and decision and requested a copy of the referee’s decision be mailed to my correct address (memo with decision attached was dated July 28, 2010). While waiting to receive a copy of the decision, I filed a petition for appeal by e-mail July 26, 2010 to the board of appeals in Harrisburg. A further hearing was deemed proper and was remanded back to the referee in Bristol to serve as the board’s hearing officer. The hearing was held October 8, 2010 in Bristol. I called December 6, 2010 and was told no decision had been made. I called February 18, 2011 and was told the appeal was dismissed the 17th (I wrongly assumed February). I received nothing in the mail and called again February 25, 2011 and was told the appeal was dismissed DECEMBER 17, 2010.

Again, I NEVER received anything in the mail. I am totally distraught that I may be denied compensation due to not receiving notification(s). I received a copy of the decision (marked by hand “2nd copy”) in the mail March 1, 2011. It dismisses my appeal based solely on the filing deadlines. When the board of appeals remanded the case back to the referee, I thought I would finally have a chance to give my side of the story. It is incredibly disheartening that there is no mention of any testimony that was introduced by me, much of it contradicting testimony given by my employer and even being agreed to then by her. This was misinformation regarding my title (saying I was management) and amount of pay. She told them I was paid $10/hour when I only received a $30 shift pay for 6-8 hours plus $10 per shift worked to maintain bar inventory and wine list.

The amount of money at stake is not very significant, but since I am only partially employed, would mean a great deal to me. My understanding is that unemployment compensation is a fund that I have paid into for 30 years and I am asking for some financial assistance in these trying economic times. It defies logic that I may not receive them due to circumstances not in my control. I firmly believed that once I got to state my case that I would be (re)awarded my benefits. I thought that the onus was on the employer to show disregard of their interests, standards of behavior and negligence.

Thank you for taking time to read this and for the excellent website. I only hope it is not too late!

Kirk

Kirk,

Clearly .. something has gone terribly wrong here because I also do not understand the dismissal .. which I assume would have to be on the grounds of untimeliness of the appeal once you found out you had missed the hearing or “non-appearance”.

The dismissal of course need to be appealed to the board of review again .. which is not something I could help you with .. I could probably straighten out what going on it I could see everything you do have .. but it is the fact that it will require an appeal to the board that I suggest you fill out the referral form for the hearing rep I am sending people to.

He is very experienced at PA board appeals .. trust me on this!! Please.

Alternatively, you could send me your paperwork .. thus far, but I do charge fifty dollars .. and I would probably tell you that you need someone to write the “brief” for the board appeal to be effective .. if I saw a possibility.

So .. why waste your money ..

If you want .. you can respond with what the dismissal say exactly .. maybe that would help me pinpoint why they dismissed .. after taking testimony about the separation again.

Comments for Never received important unemployment mail TWICE!!!

Average Rating

Apr 03, 2011
Rating

Unconstitutional

by: Ben

I am currently battling in District Court.
I was denide benifits without my witnesses allowed
to speak at the phone hearings.
Appealed 3 times, denide without any investigation.
I suggest fileing in District Court.(Civil Package ) and reading Amendments,and Bill of Rights.

Mar 08, 2011
Rating

Have you ever addressed a valid reason for the untimeliness of appeal to the board or otherwise?

by: Chris – Unemployment-tips

Hi,

Did you address your non-appearance and untimeliness of appeal to the hearing decision in your appeal to the board of review?

Is it true that you did not inform the department of your change in address?

I’d also be curious to read your appeal letter of the the first referee hearing that you missed.

Any appeal to the board, must raise the appropriate points for the board to take a look at. In your case it should probably have been accompanied with proof that you did notify the department of your new address and therefore your non-appearance was due to departmental negligence to update your address. Possibly, being supported by the fact that the file did(?) contain an envelope which showed the first notice of hearing was returned as undeliverable.

But still .. this doesn’t really explain the second time you didn’t receive important information from them .. What happened that time.

Every notice of hearing .. list unemployment issues to be addressed .. it is the responsibility of the involved parties to prepare to address the issues with evidence and/or testimony. What I am confused about is if the state file contained an envelope which showed a piece of mail was returned as undeliverable and was being ignored by the referee .. why wouldn’t you bring this to the attention of the referee?

Whenever there is a timeliness or non-appearance issue listed on a hearing notice .. you had better get your ducks in a row if these issues involve you .. because if you don’t .. nothing else will matter.

Mar 08, 2011
Rating

Board of Review Decision and Order

by: kfh

I am going to transcribe [and comment on] the decision.
FINDING OF FACT:
1. The claimant filed an application for unemploment compensation benefits on March 28, 2010.
2. The claimant’s request for benefits was approved by the Department.
3. The employer filed an appeal from this determination.
4. Following a hearing on merits, the Referee issued a decision that denied the claimant benefits. [Merits? My employer gave false information regarding my pay and stated that I was management. This was reflected in the Referee’s decision]
5. A copy of the Referee’s decision was mailed to the claimant’s last known postal address on the same date.
6. The decision was accompanied by notice advising that the interested parties had fifteen days in which to file a valid appeal.
7. The decision mailed to the claimant was not returned by the postal authorities as undeliverable. [I am not positive, but am fairly certain there is an envelope in the Bristol Referee’s file that was returned as undeliverable that I got to review prior to the remand hearing]
8. The claimant’s appeal from the Referee’s decision, in order to be timely, must have been filed on or before July 12, 2010.
9. The claimant’s appeal was filed on July 26, 2010, by e-mail.
10. The claimant was not misinformed or misled by the unemployment compensation authorities concerning the right or the necessity to appeal.
11. The claimant’s filing of the late appeal was not caused by fraud or its equivalent by the administrative authorities, a breakdown in the appellate system, or non-negligent conduct.
12. The claimant filed a late appeal because he did not inform the Department of his new address when he moved and, as a result, did not receive the Referee’s Decision in a timely manner.
DISCUSSION:The Referee issued a decision ruling the claimant ineligible to receiv benefits, and the claimant file a further appeal.
Section 502 of the Pennsylvania Unemployment Compensation Law provides that unless an interested party institutes a further appeal to the Board of Referee’s decision within fifteen days after the date of such a decision, the decision shall be deemed a final decision of the Board. An appeal to the unemployment compensation authorities is timely if it is filed on or before the last day of the appeal. The last day to file an appeal from this decision was July 12, 2010. However, the claimant did not file an appeal until July 26, 2020. The provisions of this section of the Law are mandatory, and the Board has no jurisdiction to accept an appeal filed after the expiration of the statutory appeal period absent limited exceptions not relevant herein. Therefore, the claimant’s appeal from the Referee’s decision must be dismissed.
CONCLUSION OF LAW: The claimant’s appeal from the Referee’s decision is dismissed under the provision of Section 502 of the Pennsylvania Compensation Law.
ORDER:The claimant’s appeal to the Board is hereby dismissed.