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Did it give you instructions for submitting evidence? Working backwards from that is how you view the evidence that will be used against you. We need to know what's there.
It says, "any documents to be entered as exhibits should be faxed or mailed to the administrative law judge as soon as possible. Please refer to the information below for the direct fax number of the administrative law judge or for the mailing address of the appeals group. Exhibits must arrive 24 hours in advance of the hearing and must also be sent to the opposing side. Unless provided to the local office prior to issuance of the notice exhibits not in the hands of both the administrative of law judge and the opposing side prior to the hearing may not be considered. Include docket number all exhibits."
This means you're probably having a phone hearing and you need to watch your mailbox. As you've told the story, I don't think you have any evidence just yet. It will depend on what you get from your employer.
Quote:
Originally Posted by BANYERJ04
Unless provided to the local office prior to issuance of the notice
This makes me think that you might have some evidence paperwork that came with your notice. Do you?
Hi, no I provided evidence for the first hearing, the adjudicator asked me to email it to him. Can I send it to you directly so that you can look it over?
You need to be very precise with your language. As you told the story, you have NOT had a hearing. You had a phone interview. So what is it?
If the evidence that you gave because of your phone interview has not been given back to you as part of the evidence for this hearing, then it doesn't exist.
Only what is presented at your actual hearing can become evidence.
I'm also working off the assumption that you told the UI people that you were fired, and it's your employer that's saying that you quit. In that case, you really don't have any evidence just yet. If the employer responds with nothing, there's a good chance they'll be a no-show at the hearing, and we don't have to complicate things.
You saying you were fired + an employer no-show = approval
Update: As of today I have not received any evidence that my previous employer has provided although the mail has not run today. I have my hearing scheduled for tomorrow at 12:30pm and any advice would be greatly appreciated.
If you get nothing in the mail today, and at your hearing there happens to be evidence from your employer, you must be strong and OBJECT to it's admission at your hearing on the grounds that you didn't get it within the 24 hour period as stated on your hearing notice. This is very important. There are judges in threads on here where it seems like they just went through the motions of admitting things and because the claimant didn't speak up, it was used against them.
One of two things should happen, the judge will throw it out and not use it OR they might reschedule the hearing so you have time to get it.
This could be an indication also that your employer won't be fighting you at the hearing so things are looking brighter for now anyways.
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