Previous Employeer Appealing Notice of Determination.

I won my unemployment decesion for my suspension..then it went to board of review and the reversed it..then I had a diffrent appeal for my dismassal and I won that decesion so my question is can I still be claiming my benfits everyweek even though I lost my first case but I won my other case ..I never was paid for my 3 week suspension and in my dismassal I was granted benfits right away ,,my employer appeal the lost this one but won there review board so I’m confused if ill lose all my benfits I received now and I’m in wash state,,and I’m not sure if one hearing holds more meaning than the other cause my last hearing was my dismassal and I won my case quickly I got my notice in the mail in 1 day later..and my hearing only took 15 min …so one judge says I was in misconduct but another says I’m not for a diffrent case ..can I still get benfits

And I am confused also about what is going on. It’s always easier for me to figure out what’s going on in such a case when I can ask you questions directly .. or when i can see all your documentation from the state.

The only question I did glean out of this jumbled mess is whether you can or should still be filing weekly claims for benefits.

Yes file your weekly claims if you’re unsure. I think you should at least be trying to do this .. because they won’t pay you for any week you don’t file for benefits.

If both appeals were for the same job and employer .. look at the last decision .. it’s the important one. Of course the issues listed on any hearing notice would also be important.

It would have been very helpful for me to see all your decisions in chronological order if you want me to straighten things out.

Chris

I filed for and started recieving unemployment compensation, after two months the employer filed to appeal the decision. I answered the appeal that very evening and the following week I recieved notice that My appeal had been affirmed , thus I won that appeal ,or so it seemed. now 6 weeks later i get a notice that an appeal has been transfered to the review commission , now what ?

Ohio??

I have been receiving benefits in ohio for 3 months and I received an appeal paper sayin something about timeleness what does this mean

Timeliness is almost always addressing timeliness of an appeal or some kind of request.

Do you think you could be more specific about the something it said?

Chris

Well to start I had been on this job for sixteen years. Maybe one or two warnings within thirteen of those years. At forty I acquired a drug felony and was on probation for three years. During this time I was promoted, got raises and received awards. Fourteen into the fifteenth year I was receiving petty write ups. The employer doesn’t roll back write ups either. I found that out at this time also. So, I’m discharged. August and September I won awards for customer service. October I’m fired. Then I won another award, after my discharge. I apply for unemployment. It’s granted. Six months later they appeal it. The judge grants me the benefits. In his judgement he says that he didn’t understand the reason for discharge and felt that even the write ups were just isolated incidents of poor judgement on my part. Now here we are four months later and I receive a letter stating that they have appealed to the appellate court. Okay, I made a mistake in my life. But that is all behind me know. I can’t find employment due to my record. The UIA benefit is all I have. And after sixteen years of excellent service they don’t even want me to get the benefit that I paid into all these years. Why is this even allowed? What happened to the times when people care for one another.

The answer is simple. You didn’t pay in for the benefits you are receiving.

The employer is the one required to pay unemployment tax .. or if you prefer the premium for unemployment benefits.

And in case you live in one of those states that does have employees paying in .. it’s either for a different kind of unemployment benefits (disability) or what you’ve paid in over the years is so nominal as to be disregarded as the reason you should be getting benefits.

There has been little humanity in the relationship between employer and employee since they changed the name of the personnel department to “Human” Resources.

It does depend on the employer, but our importance in the big scheme of things has been downgraded to one step above the office supplies on a shelf.

Humanity .. apparently doesn’t add to the bottom line.

Chris

i dont see where it says anything about how long the employer had to file an appeal against unemployment benefits

Unemployment Appeal Deadlines

Thanks for the info. I told EDD exactly what happened. I stated when applying for unemployment I was terminated for a sexual harassment policy because that’s what happened. There was no point in lying because they would have found out. During my unemployment interview I told the truth about what happened. I wasn’t hiding/lying about the situation that occurred.

Okay, then you are just in the position now that many people find themselves in after being allowed benefits. The employer can appeal and based on my past experience .. they almost always do if the separation was a quit or discharge.

In your case they will be trying to prove their burden .. that they had good cause to fire you because of “willful misconduct”. They will now have the opportunity to bring documents, including the “notebook” and any witnesses with preferably direct knowledge of why you were fired to the hearing.

You must attend and you must prepare to counter their argument .. this is why it’s important to get the state file .. so you know what’s in it thus far.

And your personnel file can reveal what they might bring to the hearing to prove their case .. This way you won’t be caught completely off-guard and will have some time to consider what you might want to bring or subpoena for documentation and possibly witnesses.

Ryan, hopefully you also have the original termination notice which you would have signed? If you produce this in the hearing while they are producing one that you did not sign (an invented one), I believe that this would be cause to question the employers credibility as it would show they were fabricating things at best.

This is in CA. I have received a notice of hearing to appear on Wednesday Oct 27th.
It says the followings issues will be addressed:

Should the employer;s reserve account be charged for and benefits paid to the claimant.

Did the Claimant voluntarily leave his or her most recent employment without good cause. Was the claimant discharged for misconduct connected with his or her most recent work.

During my UI interview, I stated I was terminated for misconduct. And explained what has happened. Long story short, some of my employees were writing innocuous quotes in a notebook, that if taken out of context can be inappropriate. (i.e. “Its so hard”) My boss sees the note book and pulls me aside to explain the contents of the notebook. I was told my boss understands that context of the notebook and that it was supposed to be all fun and games. But he was going to report it to his boss. A week passes and I was pulled aside to be told I was going to be let go because I knew of the notebook and also participated in it.

What I didn’t understand is if this was such a punishable offense and a zero tolerance policy why was I singled out to be terminated with no prior write-up warnings, whilst everyone else involved got a final warning.

Also sent with the Notice of Hearing was a “termination from” which struck me as odd because I never seen this from. Also my name is spelled incorrectly, and for from is incomplete basically stating that I signed something on “xx/xx/xx”. But assume that they want to submit as proof that I was terminated and just didn’t want to sign it. I did sign a termination form when I was terminated, but this from was different from the one I signed.

Thanks, Ryan

Okay Ryan, I’m beginning to get the picture, but now, my question is this .. What did you tell the EDD in order to get benefits?

There is no timeliness of appeal issued, therefore I suspect that the employer’s appeal was in fact timely and it has just taken this long to schedule the hearing.

Depending upon the state, a loss of right to protest for not responding to an initial claim for benefits or a deadline from the department to provide additional information.

Most states only require the employer to appeal a determination to get a hearing.

If I were you, I’d would call the employer and request your personnel file, contact the state and request the state file which would include responses from the employer including documentation and the adjudicators notes .. and then start preparing as best you can to prove you were fired for something other than “willful misconduct” or quit with good cause.

I suspect they fired you because you were a manager or “acting as an agent of the employer” and managers responsibilities, generally, require vigilance in enforcing the rules of the employer. Must have been some fairly questionable comments written in that book ..