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Old 04-08-2010, 04:21 PM
 
23 posts, read 90,441 times
Reputation: 14
Just got the envelope today:

The employer never showed up, never sent anyone. So my testimony was pretty much considered fact without rebuttal.

I should note that while it was semi-informal, the hearing itself seemed very formalized. If you can get access to representation for a hearing, I'd definitely recommend it, there's a lot of formal jargon going on and the Referee seemed as though they wanted to be treated like a courtroom Judge (though I couldn't tell if this was semantics or just a referee with a huge chip on their shoulder).

That being said, due to my testimony they modified and reversed the case decision. By modified, I mean that since I was discharged instead of quitting, the 401(b) and 401(f) cases were declared null and void. They therefore only had to consider whether or not I was terminated due to my own negligence or non-compliance (I believe that is 401(e)).

Since they determined that I was terminated due to "lack of work" as their official reason, and not due to my actions or negligence, the decision was reversed in my favor and I am now eligible for benefits again.

Therefore, I am owed for the weeks I continued to file previously but received no payments up to the time of my appeal.

Upon calling UC Service Center to verify some details, I thought I'd share what is now to come from this decision:

1 - It takes approximately up to 10 days for this decision to take effect. Essentially, the UC office gets a copy of the same letter I did and THEN processes it when they get to it. So it's not instantaneous, they receive a notice and then rectify the records of my case.

2 - This should also reverse the repayment of the fault UC payment they said I owed since I didn't qualify. I will no longer owe back any UC I received previously since they determined I was eligible all along, and was therefore entitled to the benefits.

3 - They recommended that I follow up with them anyway just to make sure all the paperwork got filed and all my ducks are in a line, since I received a second notice from the State regarding the fault repayment (which, again, will be voided once they file the paperwork).

So there you have it folks. Thanks for all the advice, and hope this helps you if you're in a similar scenario yourselves.
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Old 04-08-2010, 09:47 PM
 
Location: New Jersey
478 posts, read 1,008,601 times
Reputation: 110
All appeals are good until you get the results!
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Old 07-24-2010, 10:31 AM
 
25 posts, read 67,564 times
Reputation: 14
Default NY Unemployment Hearing Questions

On March of 2010 I got a letter from UE contesting my benefits, I never heard anything from them again. Today July 24, I get a letter stating the same company wants a hearing. Does anyone know why I never got a hearing date from the first letter in March. Is it because they are so backed up? I have not worked for this company for over a year. Isn't there a time limit for a hearing date? any advice I would appreciate. thank you I am still collecting UE
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Old 07-24-2010, 01:41 PM
 
Location: Florida
594 posts, read 351,039 times
Reputation: 266
In my personal opinion it's not YOU that was in the wrong ,but PA in it's efforts to "dump" you from unemployment benefits made a typical error associated with poor training and incompetent evaluators subject to a high turnover rate. Florida had an element of this as well as Wisconsin the later totally wacko (has to be the water) . Anyway, at first here in Florida if you took an 8 hour "TEMP" job and reported the income they would still drop you from benefits an obvious gross error whereby they would allow you to continue but less the small amount the one day or two day income earned. Now we have extremely well oriented people who simply know their job. You were terminated and I would go after your obviously incompetent supervisor (many are) and seek an attorney to see what can be done as you may have a case against the company and the supervisor. They mis-
represented their exit procedure a very common albeit dumb mistake. Go gett'em !!!!!!!!!!!!!
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Old 07-24-2010, 02:20 PM
 
Location: New Jersey
3,814 posts, read 7,900,358 times
Reputation: 910
Quote:
Originally Posted by rosierosierosie View Post
On March of 2010 I got a letter from UE contesting my benefits, I never heard anything from them again. Today July 24, I get a letter stating the same company wants a hearing. Does anyone know why I never got a hearing date from the first letter in March. Is it because they are so backed up? I have not worked for this company for over a year. Isn't there a time limit for a hearing date? any advice I would appreciate. thank you I am still collecting UE
You don't mention what state you're in, but because of the backlog of pending appeals in most states, a 4-month delay before a getting an appeals hearing date is not unusual.
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Old 10-26-2010, 06:06 PM
 
1 posts, read 3,931 times
Reputation: 10
i was terminated from my job because my employer di not find me a job within their system to accomadate my aquired disability whie a full time employee. now they are appealing my uc bebefit and i have a hearing in the am. do i have any chance of winning their appeal
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Old 03-01-2011, 12:57 PM
 
6 posts, read 21,712 times
Reputation: 10
You must be a fact, not make up the story the ALJ will known if you not tell the truth sure companies always files are not truth some time, I was get fire after 20 years with company, because I do not accept a apologized from the co-worker, that why I get terminated or "discharged" for misconduct by my boss. The Judge deccision that they have to reversed my determination, and I get the benefits.
Right now I am let my attorney take-care the sevarance pay I thinked my company need this from me.

Good Luck

Last edited by loanpurvis; 03-01-2011 at 01:06 PM..
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Old 03-01-2011, 01:09 PM
 
6 posts, read 21,712 times
Reputation: 10
Default wining it's not verything:

Quote:
Originally Posted by loanpurvis View Post
You must be a fact, not make up the story the ALJ will known if you not tell the truth sure companies always files are not truth some time, I was get fire after 20 years with company, because I do not accept a apologized from the co-worker, that why I get terminated or "discharged" for misconduct by my boss. The Judge deccision that they have to reversed my determination, and I get the benefits.
Right now I am let my attorney take-care the sevarance pay I thinked my company need this from me.

Good Luck
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Old 09-10-2011, 07:18 AM
 
1 posts, read 2,711 times
Reputation: 10
Well, in a nutshell I asked my manager if I could leave because I started crying and could not stop, since May a series of events have been happening to me. And I guess that was the last straw.
He didnt give me an anwser, But, I said to him look its unfair to my employer just to walk around and not be able to do my job today I think i better go home.Even as I was putting away things he was walking past me. But,now my manager and his boss is saying I never asked and just walked off the job. Of coarse I got my decision of denial. And I am appealing it.
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