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Old 09-09-2011, 03:04 PM
 
11 posts, read 176,715 times
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I previously posted on this forum that my former employer FAILED to show up at a CA Unemployment Hearing.
Well I was granted benefits due to their "no-show" and I have been receiving said benefits for about a MONTH now.
I JUST received a notice that they are appealing the decision!
I don't understand! If it was that serious to them, I would think that they would've showed up to the hearing in the first place. So now my benefits can possibly be terminated and then I would have to PAY back what I've received so far!!!
What are my options at this point? Do I have the right to appeal if the decision is reversed?
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Old 09-09-2011, 03:21 PM
 
Location: Wisconsin
14,255 posts, read 18,811,966 times
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Yes, you have the right to appeal. Get your facts together on the situation, present them dispassionately and hope for the best. If the decision goes against you, appeal. And, appeal again, if the first appeal fails.

Decision in your favor by default is rarely permanent if the employer wants to reopen the case case. Employers have most of the cards. They don't care if they 'lose' by default because they know they can reopen the case later - sometimes two years later, according to a recent poster from NY. NJ had to enact a law on benefits repayment because employers were contesting a YEAR after the benefits were first paid. This law doesn't preclude employers from very late appeals, it just says employees don't have to repay anything received up to the point the decision was reversed.

Frustrating, but that's the way it is. You may want to write your state legislators about this situation as it is all too common in every state and very unfair to the employee.

Check out the EDD website for info on no-fault repayments, should it come to that. Each state is different in its procedures.

Last edited by Ariadne22; 09-09-2011 at 03:33 PM..
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Old 09-09-2011, 04:49 PM
 
31 posts, read 122,558 times
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Sorry for your situation, as stated by Ariadne22, they can appeal..

I suppose since they were a no show, better for your case, I would think. However is appears a crazy system, in NYS anyway.

My case a bit different, my employer did contest my benefits, in Feb. 2009 and they requested a hearing with in the proper deadline.

However due to what still appears to be a mystery to all, but appears to be an error by either the NYS unemployment, or our local Hearing office, I was never sent a receipt of notice, informing me my employer was contesting my benefits until two and a half years later!

Yes, just last week, I received the old paper work stating my employer was contesting, all dated from 2009, but stamped Aug 2011

Even that paperwork was sent out of a order. The receipt of contest, came 3 days after I received the Hearing notice, set for Sept 6, 2009.

So they can't even get their old updated documents sent in an orderly fasion, that is pretty bad!

Then two days before my Hearing, I received a brochure with attorneys to contact, only one in the area!

I requested an adjournment, advised by the "one" attorney, for good cause, due to I just received his name. But I was denied an adjournment, by an agent at the Hearing office! Now wondering, could she really do that! So crazy! I did have her on speaker, a friend heard as proof.

At any rate, after several calls, here and there, even going to our city's Hearing office, (I also reviewd my file, it had dust on it, no evidence of any correspondence since 2009!)

I talked with two attorneys, however, I was told I needed to attend this Hearing that was set for last Tue. Sept 6th. regardless of my situation.

Then, one work day before Hearing since Monday was the holiday, I received a call, at 8:45 AM, from the Hearing Office and told my case was "closed out" that my hearing was cancelled.

Then Tue of this week I received a document, saying my past employer defualted, as yours did, and did not show up.

It stated on this document: Initial determination is sustained, claimant is allowed benefits.

Then under that it reads....

The employer is grated leave to apply to reopen within a reasonable time from the date of this decision. I could not believe that!

I called the Hearing office AGAIN, TUE, after receiving that document, they stated my past employer contacted their office and said they had meetings, so they could not attend the hearing that was to be to be held on Tues. the 6th. (but the document stated they did not show up) But I was called Friday and told it was cancelled???? No sense at all! The agent was short with me, and not helpful what so ever!

Maybe my employer asked for an adjourment and were denied? Maybe the judge told them, show up or it will be defaulted, since it truly was not any emg why they could not attend and they were the ones contesting! I am just guessing, due to I do not really know. Its so very frusterating to me!

I have searched high and low, books, web pages, library, asked attorneys, unemployment office, hearing office, this fourm, seeking a living soul that knows if there is a stature of time, in regard to WHEN I SHOULD OF RECEIVED THAT FIRST NOTICE OF CONTEST, and my benefits should of been stopped! But ? is all I get.

I have read every inch of the NYS web page, and their brochure, nothing as to my question, except, parties are notified, benefits are stopped until a decicion is made, then the possiblity if the claimant loses their case, the might have to pay back benefits.

Everyone just says..."You should of received a notice shortly after." But evidence shows I did not, so this must be a rare happening, or else there would be a law to protect claimants..from this happening.

So, needless to say, I collected several months of benefits, I have not been on unemployment for 9 months now. I am working at a different job as well.

Now I am told I have to "wait" 20 days, to see if my employer appeals.

My employer also hired a out side company, who is probably pushing them to appeal, since they will get a percentage if my employer wins.

I am going to write my NYS senator.

Patty.

Best to you with your case.

Last edited by Pattylyn; 09-09-2011 at 05:14 PM..
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Old 09-10-2011, 03:54 AM
 
13 posts, read 119,331 times
Reputation: 18
Here is how it works for California

1. You apply for benefits;

2. The EDD investigates and makes a determination;

3. The aggrieved party (the side that lost) can appeal the determination;

4. An appeal is filed;

5. A Hearing is held before an Administrative Law Judge (ALJ);

6. The party that looses that hearing (whether they appeared of not) can appeal to the Board of Review

7. An appeal is filed from the ALJ Decision;

7. The Board of Review receives the appeal - note, the Board DOES NOT HOLD HEARINGS in most cases. This appeal is based on the record made before the ALJ and and exhibits entered into that record. The Board will allow for WRITTEN argument (a Brief)


So, yes your former employer has the right to appeal, They can seek relief in several ways

- If they can show good cause for their non-appearance they may be able to have the hearing re-opened;

- Or, they are "stuck" with the record made in their absence and can file written argument (NO NEW FACTS) based on that record


You can also file a Brief arguing the law in support of your side
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Old 09-10-2011, 03:17 PM
 
11 posts, read 176,715 times
Reputation: 41
Thanks for the advice everyone, I really appreciate it. I feel a lot better this morning. I guess I was just so initially shocked was due to the fact that I thought it was crazy that they were appealing the decision when they failed to show up to the first hearing.

@Patty: Wow! That's very unfortunate and I cannot believe employers have to right to appeal after 2 yrs! That's crazy! Good luck to you and I hope all goes in your favor.

Once again thanks for all the information. I guess I need to start getting my files in order and writing statements once again. Silly me thought "this" was over.
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Old 09-10-2011, 06:40 PM
 
13 posts, read 119,331 times
Reputation: 18
Quote:
Originally Posted by zora84 View Post

Once again thanks for all the information. I guess I need to start getting my files in order and writing statements once again. Silly me thought "this" was over.


The Board will not consider Statements unless they are based (and should refer to) on the actual record - again, you cannot submit any new evidence. You can argue the law, but the facts are what was said and presented at your hearing.

Is the employer asking that the Hearing be re-opened?
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Old 09-10-2011, 07:11 PM
 
Location: Wisconsin
14,255 posts, read 18,811,966 times
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Quote:
Originally Posted by Captain Ahab View Post
Is the employer asking that the Hearing be re-opened?
Yes, because they didn't show up at the first one. Per OP's first post on this thread.
Quote:
Originally Posted by zora84 View Post
I previously posted on this forum that my former employer FAILED to show up at a CA Unemployment Hearing.
Well I was granted benefits due to their "no-show" and I have been receiving said benefits for about a MONTH now. I JUST received a notice that they are appealing the decision!
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Old 09-10-2011, 11:29 PM
 
18,868 posts, read 15,724,470 times
Reputation: 24890
Remember, if you are found "ineligible" for benefits, it is a non-fault judgement, meaning that you don't need to pay back the money you have recieved. You will continue to recieve benefits while in appeal status, until the official decision is recieved.
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Old 09-11-2011, 12:36 AM
 
Location: Wisconsin
14,255 posts, read 18,811,966 times
Reputation: 6808
Quote:
Originally Posted by jasper12 View Post
Remember, if you are found "ineligible" for benefits, it is a non-fault judgement, meaning that you don't need to pay back the money you have recieved. You will continue to recieve benefits while in appeal status, until the official decision is recieved.
You are referring to NY - based on your own knowledge.

This particular OP is in CA which may have different regulations on repayment of no-fault decisions.

We had a post from someone earlier in another state who said they were required to repay a no-fault decision. One avenue in that state was to cite hardship. Each state is different.

I am pretty certain CA will not let a no-fault decision go without some collection effort.
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Old 04-27-2012, 07:53 PM
 
1 posts, read 35,511 times
Reputation: 14
Default California edd issue

I was wrongfully terminated in July 2010. I was awarded benefits which I collected until Nov. 2010. Employer never appealed the decision. April 24th 2012 I received a letter from EDD stating that the former employer had appealed the award and wanted a hearing in a different county from where I live and worked at for them.
It has been over 600 days since the unemployment benefits were awarded. The edd rules state employers have 10 days to appeal.
I called EDD and they told me that it was a long time, but they will have to wait to see what info the former employer gives them to support their claim. WHAT! Can anyone explain how they can get around their 10 day appeal limit?
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