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Old 01-14-2011, 10:24 AM
 
4 posts, read 17,904 times
Reputation: 15
Default Appeal and Employer is a no show

Does anybody know what this means???
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Old 01-14-2011, 10:34 AM
 
Location: Wisconsin
13,858 posts, read 17,832,289 times
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What state are you in? In some states, a no show does not preclude an employer contesting the benefits at a later date. Some states allow an employer to contest unemployment for up to one year after benefits are granted and paid.

Check with your unemployment office on your state rules.
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Old 01-14-2011, 10:56 AM
 
4 posts, read 17,904 times
Reputation: 15
Pennsylvania
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Old 01-14-2011, 11:17 AM
 
Location: Wisconsin
13,858 posts, read 17,832,289 times
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I don't recall issues with PA on retro appeals from employers posted on this board, but that doesn't mean they can't do it. Call PA to find out what's next.
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Old 01-14-2011, 11:03 PM
 
379 posts, read 687,536 times
Reputation: 385
Too bad it's not like a traffic citation. That is, if the officer issuing the citation does not show up, you automatically win.
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Old 01-15-2011, 08:32 PM
 
5,523 posts, read 4,871,774 times
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It should mean they lose the case. How can you not show up without calling or anything?

By default you SHOULD get it, but who knows? Unemployment in certain states have been acting real shady about handing out money these days.
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Old 01-17-2011, 08:30 AM
 
141 posts, read 206,245 times
Reputation: 71
Quote:
Originally Posted by iamrollinglow View Post
Too bad it's not like a traffic citation. That is, if the officer issuing the citation does not show up, you automatically win.
No you don't, not automatically. I had an officer not showing up for a traffic violation hearing and the judge told me, "either you accept my offer which is a lower fine and no points, or I reschedule the hearing, your choice". I took the lower fine.

As for the employer not showing up at the appeal hearing, I don't know although I'm in PA. I know the employer can dispute the initial decision once it's made but I don't know if they have more than one shot for an appeal. I would assume if they don't show up for the appeal and didn't notify of a problem, you're fine, but I'm not 100% positive. Someone more qualified than me can answer this.
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Old 02-13-2011, 11:59 AM
 
8 posts, read 33,069 times
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I went through this spring 2010 in PA. Initially denied benefits. Employer did not show to appeal and there was a letter from the rep stating their intention not to show up.

If I recall correctly (and I may not), in PA, should there be any appeal from employer or employee beyond that initial hearing it becomes a court case... higher standards of evidence and probably very expensive.

The initial hearing with the referee is taped and holds substantive legal weight.
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Old 10-24-2011, 03:32 PM
 
1 posts, read 6,658 times
Reputation: 12
I am going through this. I live in ky and rules are different so everyone and every state. I worked for citibank for 2 years and was fired. I was denied benefits so I appealed it. I was given a telephone conference where citi was a no show. I am now waiting on decision. The judge said that because they didnt show the decision will be based on my statement and evidence alone, however they can still appeal if I win. They said on the notice I will recieve it will have a deadlone on it on. Each party has until that deadline to file an appeal on the judges decision. so here I am Waiting on the decision.
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Old 10-25-2011, 12:14 PM
 
Location: Los Angeles
128 posts, read 133,439 times
Reputation: 105
My guess is a rescheduling, that even happens in court. If they don't show again you could probably appeal on the basis that their failure to appear is a detriment to you.
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