I was fired for misconduct, filed for unemployment, and was granted benefits in late April. In Mid-May my former employer filed for an appeal. The hearing was set to late June. The notice of burden that they were to provide didn’t come to me until early june by fedex, though it was postmarked late may. A second piece came to me by fedex, postmarked for the same day, but it came a day before the hearing. Now the trial’s over and I’ve hired an attorney but I have to ask: is that even legal? And is there anything that can be done about it?
Is what legal? The employer making sure the opposing party and the hearing officer be provided with all additional documentation (evidence) that might be used, prior to the hearing???
It’s not only legal .. it necessary. Read your appeal instructions.
At least, I think this is the smart thing to do when preparing properly for an appeal hearing.
Get the docs you want to use at the hearing to all parties, including the opposing party before the hearing takes place.
Now if you hadn’t received the docs prior to the hearing .. I’d be telling you what you should have done during the hearing in an effort to protect your right to due process and make a valid point for a board appeal if necessary.
Documents are sent via Fedex .. because delivery and receipt can be confirmed and would basically null and void the validity of a request of continuance.