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So I had my appeal hearing and my employer didn't show up. The judge waited 15 minutes past the appointment time for a call or anytime of communication...nothing.
So, the appeal is dismissed. I asked the judge if they can do another appeal, judge stated they need a good reason why they didn't come and why they didn't contact them.
I also asked if they do appeal again, if the date of repayment changes if I do lose...judge didn't know. I'm pretty sure it will supersede the 3/23 on the letter of notice but I wanted to make sure.
I'm very happy they decided not to show up. Regardless if they do refile, I get at least one more month of unemployment.
You can probably google how CA treats appellant employer's that miss their hearings. I know that AZ is brutally strict when an appellant employee is untimely, but there's no documentation of the reverse which suggests that no employer's have actually fought the issue, but rather just accepted the decision as is, and moved on.
We have had reports from CA claimants who have had employers not show up for hearings and then later appeal/contest the decision several times. Only a few states hold the employer to a strict standard on timely response and will shut down their ability to appeal/contest. In most states, employers know they have a lot of latitude on whether or not they need to attend these hearings. Many don't, but still contest later.
NJ had to pass a law (in 2010, I believe) protecting claimants because employers would appeal a year after the fact, oftentimes win, with the claimant being subject to repayment of an entire year's benefits, or more. Now, in NJ, claimant only needs to repay any benefits paid AFTER the reversal.
To my knowledge, CA has no such provision similar to NJ's at this time. And, again, CA employers do play harassment games - because they can.
We have had reports from CA claimants who have had employers not show up for hearings and then later appeal/contest the decision several times. Only a few states hold the employer to a strict standard on timely response and will shut down their ability to appeal/contest. In most states, employers know they have a lot of latitude on whether or not they need to attend these hearings. Many don't, but still contest later.
NJ had to pass a law (in 2010, I believe) protecting claimants because employers would appeal a year after the fact, oftentimes win, with the claimant being subject to repayment of an entire year's benefits, or more. Now, in NJ, claimant only needs to repay any benefits paid AFTER the reversal.
To my knowledge, CA has no such provision similar to NJ's at this time. And, again, CA employers do play harassment games - because they can.
Ugghhhh! What a complete waste of my time and the states time. I can totally see my old employer dicking me around.
So, the ALJ will mail both parties a letter and they will have 20 business days to file another appeal. I know my old employer will wait til the very end to file an appeal so that looks like Late May...which I will be out of town.
I don't understand why the state allows this. If that occurred in a real court case, the judge wouldn't allow that.
Because you are receiving an "entitlement" paid for by the employer. The UE offices are partially funded by the UI taxes paid by the employer, work for the employer in the administration and payment of unemployment benefits. In short, the employer is their boss.
I will post this again. This is pretty much true in all states, although many states are much more claimant-friendly than TX:
Quote:
Originally Posted by ljpne
As a long-time, contracted TWC employee, I ask you to remember that the Texas Workforce Commission is NOT a public-service organization. It is a government/political organization - comprised of political appointees who are funded by and directed by lawmakers. The entire purpose of TWC, regardless of their public relations statements, is welfare reform... to (ultimately) STOP people from collecting public assistance by putting people to work. The primary purpose is to save the government money - not to help people. Although it is true that sometimes people are helped in the process, it is more true that much, much government (read taxpayer) money is wasted on a daily basis, trying to make it appear that the government is helping under-employed and unemployed individuals. As with everything else in America, save personal values and convictions, it is all about the money.
This is why there is far more guidance to employers regarding denial of benefits than there is guidance to employees about obtaining benefits.
That makes sense. Oh yea, in the folder I looked over once I got signed in...the form stated "90 hours in a non-work location". The forms I got in the mail back on 3/23 stated "at 24 Hour Fitness." The intital forms my employer sent once they received notice I filled for unemployment was used and the new one with 24 Hour was not included in the folder. So, if this does come back again...I don't have to mention going to the gym.
I got fired for policy violation.
i did a western union over the phone without knowing. the guy calling said he was a representative from western union and was calling to verify.some new updates. short story it was a scam. so they had to let me go. But when i had the actual western union on the phone she said they couldn't have stopped the transaction. which i.dont believe because the scammer never knew the transaction had gone through or ever got the confirmation number will i qualify for unemployment ?
I got fired because I was told I clocked into early without permission but my kitchen director asked me to clock in early to run trash the owner therefore started accusing me of stealing hours since August but I've been asked to clock in every time I come in early I usually show up an hour early am I entitled unemployment or no had a phone interview still waiting to hear back on it
Just wait for the decision. The time to have gotten help was BEFORE you even filled out the UI application, and now that you've had the phone interview, it's over.
If you get an adverse decision, come back, and we can work on your appeal, but do it BEFORE you do things on your own.
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