Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Okay. Can i ask two more questions? It says on my appeal notice that "copies of document or evidence you wish to submit must be sent by you and received by the hearing officer and all parties listed on this notice prior to the date of the hearing."
My former employer and me are listed on the notice; does this mean that I will have to send copies to him? And he will have to send copies to me?
Oh, and the two employees are the two who got fired right after me. One of them was approved for unemployment and the other one hasn't applied (he decided to start a business). Would they have to be on the phone call with me? I have a number to call at the designated time.
Oh, I'm glad you clarified. If you have a hearing by phone, then it's customary to send the stuff to both the hearing location AND the employer using the address from the notice.
Is the address on the notice where you worked? If not, he might be using an unemployment cost control company. Google the address so you know. If it's just him alone, he's off to a bad start. If he's getting help from a cost control company, he might improve before the hearing.
If you know how long it takes to mail stuff to your employer, wait so that he gets the stuff the day before the hearing. You really want to see what he's bringing to the table. If he happens to get you stuff sooner, then you can better decide what you want to bother with.
Call that other person that was approved. See if they got a notice for a hearing too. You guys can work together being each others witness for what seems appropriate.
The address on the notice is his old address, which he seems to be using. He moved to California after buying out his partner (we are Colorado), and the address on the form I know is his old home address here. It's not the business address at all. And so yes, it is just him.
The other person who was approved was never denied like I was. I know she will back me up though.
The hearing is for Monday, Sept 15. He probably won't get it before the hearing since it will have to forward to his current address. I am not sure why he would use his old address on the forms.
[quote=SCinDenver;36383410The hearing is for Monday, Sept 15. He probably won't get it before the hearing since it will have to forward to his current address.[/quote]
This is interesting. Not sure how to handle it, but let me tell my experience.
My employer used an unemployment cost control company. I had to mail my documents to a place in NY even though I'm in AZ. What happened to me is that the employer rep was in AZ and said, "I didn't get the documentary evidence from the NY office." Well, because she didn't have it my judge at first seemed very sympathetic to my plight even got a little mad at the employer and said, "you need to call NY and try to get them to fax you that paperwork." In the end the judge said, "I'm going to continue with the hearing and any documents you need, I'll let you read them into the record." I bought it, and it was lie. The second I needed to read something in, she was like, "that goes without saying." Anyway, I had to appeal to the board, no evidence on which to reverse the decision because I got poopooed, and had to have a new hearing (while I did get benefits, that cost me 14 weeks of waiting on the process). Not sure what I would have done differently, but I'm just letting you know that if your evidence isn't received because of the mail juggling, you shouldn't take the hit for the employer's problem.
I don't think I can prove that I put it in the mail. I'm sure he'll just lie and say that is his address and he never got anything. They have a "business" address that is just one of those executive offices, but there is a receptionist. Would it help if I sent it certified to their business address, and someone signed for it? If he lived in Denver as his address states, there would be no problem of him receiving it, correct? I could also mail to the local address that would probably be forwarded to California.
Then if I have my coworker on the phone line during the hearing, maybe I would actually have a decent chance of winning. Although he has turned out to be such a lying scumbag--a person I liked and enjoyed working with for the most part--I am worried he'll just create things to make me look bad. He blocked my ISP/Google account from viewing the company website, so I can't link my writing work to their blog anymore. Plus, as I mentioned, they contacted unemployment to tell them they suspected I have a new job that started on August 6. I just don't get why they are going to all this effort to mess with me when I was let go on very good terms. I just wanted unemployment for a couple months to tide me and my son over.
The address on the notice is his old address, which he seems to be using. He moved to California after buying out his partner (we are Colorado), and the address on the form I know is his old home address here. It's not the business address at all. And so yes, it is just him.
The hearing is for Monday, Sept 15. He probably won't get it before the hearing since it will have to forward to his current address. I am not sure why he would use his old address on the forms.
Why he used his CA address is of no concern of yours.
Go online to USPS.com and use the Calculate Postage link. See how long the USPS says the documents will take to arrive at the address provided in your notice for Express and Priority Mail. Based on that information, add another 2 days and mail the documents by that date (by the means that will guarantee arrival a few days before the hearing). Make sure you have your receipt which will show the expected delivery date on it and serve as Proof of Mailing.
Unemployment does not give two hoots if the person moved and needed their mail forwarded; they only care that you mailed the documents in enough time to be received by the person at the address that person gave unemployment to have you mail the items.
Now, the employer probably will ask for a continuance or postponement if they don't have the documents. You can object to any continuance or postponement base on you being present at the time and place unemployment stated would be the hearing and that you mailed the documents with sufficient time for delivery. Since it's the employer who is switching addresses as a bad faith effort to delay this hearing, you should not be penalized any longer for their actions. The ALJ may just decide to dismiss the case with prejudice.
Why he used his CA address is of no concern of yours.
Go online to USPS.com and use the Calculate Postage link. See how long the USPS says the documents will take to arrive at the address provided in your notice for Express and Priority Mail. Based on that information, add another 2 days and mail the documents by that date (by the means that will guarantee arrival a few days before the hearing). Make sure you have your receipt which will show the expected delivery date on it and serve as Proof of Mailing.
Thanks! That sounds like a good plan.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
