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Old 06-28-2010, 06:00 PM
 
14 posts, read 72,402 times
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Okay long story short I filed for unemployment in May 2010, I quit my job months prior because of issues with harassment in the workplace, I was granted my unemployment.... I just got a notice in the mail that just now after almost 2 months of collecting that they are appealing the decision.... the notice simply states that the appeal has been recieved and is under consideration by the appeal tribunal as an appeal agency determintation...how does this process work? there was no hearing date or anything, do you still get paid in the interim? help!!! thanks
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Old 06-28-2010, 06:09 PM
 
163 posts, read 667,660 times
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Quote:
Originally Posted by kirstylea View Post
Okay long story short I filed for unemployment in May 2010, I quit my job months prior because of issues with harassment in the workplace, I was granted my unemployment.... I just got a notice in the mail that just now after almost 2 months of collecting that they are appealing the decision.... the notice simply states that the appeal has been recieved and is under consideration by the appeal tribunal as an appeal agency determintation...how does this process work? there was no hearing date or anything, do you still get paid in the interim? help!!! thanks
Hi-
This happened to me years ago. You will continue collecting UI until they make the decision to set a hearing. I continued filing and collecting and when it was determined that my employer had a right to appeal merely because it is a 'right' to do so, not that it was valid, I waited for the date. When the hearing finally came up- My employer never showed up granting me a 'win' by default. He had called and said it interfered with his vacation. The admin judge rolled her eyes when she told me. (CA)

If you are found to not be entitled, they make you pay back the money. My experience is that no one I've ever known has lost one of these. Employers just don't keep accurate enough records for the requirement to prove you were fire for 'gross misconduct' unless he can prove you were fired for stealing or some such non-sense.
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Old 06-28-2010, 06:29 PM
 
Location: New Jersey
478 posts, read 1,605,051 times
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Not that all are related to your very question..but you can get some readings from other past post about appeals at this link:
//www.city-data.com/forum/searc...rchid=22212036

I really don't know the answer to you question never happen to me. sorry.
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Old 06-28-2010, 06:30 PM
 
24,497 posts, read 37,432,994 times
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Barbara Bouno had proposed a bill to not require payback if the employer did not appeal within the 10-day deadline. I think it's still a bill and if it passes would protect folks like you.

2 months is ridiculous.
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Old 06-28-2010, 06:33 PM
 
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@bettebup, how long did it take you them to set the hearing?... thanks for you help... no one knows anything about nj appeals not even the hotlines that you can call...Do they always set a hearing ? TIA
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Old 06-28-2010, 06:56 PM
 
163 posts, read 667,660 times
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Quote:
Originally Posted by kirstylea View Post
@bettebup, how long did it take you them to set the hearing?... thanks for you help... no one knows anything about nj appeals not even the hotlines that you can call...Do they always set a hearing ? TIA
It was a while ago and in CA but I can't imagine each state is all that different.
If I remember, I was collecting UI for at least two months before I was notified that he had appealed. I think it took that long to process the paperwork which is why I was notified late. He had appealed right after he had been told my claim was granted. When I received the notice I panicked at the idea of how to pay it back as it stated on the notification I received if I did in fact lose. It was another month or so before the hearing date.
The process was informal and I brought all my documentation (dress in business attire). The whole thing took about 2.2 minutes since he didn't show and the judge seemed pissed at the waste of time it all caused since he wasn't really taking it all that seriously.

No matter what, show up when and where they say to. Bring everything you have on how you were terminated (term papers, etc.). Chances are very very good that if your employer can not prove 'gross misconduct', he has no case. If you quit- there is just a waiting time penalty, but you are still entitled to UI. I think they make you wait 5 or 6 weeks. Not sure of that in your state.

Don't worry yourself too much..........just wait for the determination and when they decide if it's warranted, they will set a hearing date and you just show up. Right now, employers are doing what they can to preserve their reserve accounts.....

May I ask, were you laid off or fired for cause? If it's the latter, make sure you have your story laid out as to how that came to be. If you were laid off- tell them.

If your employer was negligent in keeping very good records that were signed by you, he will have a hard time proving it wasn't just a straight termination.

Hope this helps.......
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Old 06-28-2010, 06:59 PM
 
163 posts, read 667,660 times
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Quote:
Originally Posted by NJBest View Post
Barbara Bouno had proposed a bill to not require payback if the employer did not appeal within the 10-day deadline. I think it's still a bill and if it passes would protect folks like you.

2 months is ridiculous.
This is a good thing. If I remember, you only have to pay back what you continue to collect after notification of the appeal. But- the problem with this is her employer may have filed right away but the ex-employee doesn't get notified right away. The administration process hold up notification of the filing.

Hopefully this pay back thing is abolished.
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Old 06-28-2010, 07:13 PM
 
14 posts, read 72,402 times
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I quit because a girl in the office was just being horrible to me (threats, messing with my accounts, etc) and I told my boss about it numerous times even threatened to file a police report... he kept telling me he would take care of it and he never did. (months of putting up with this crap) another girl in the office complained with me too but she still works there (she's about to quit). My claim is also an out of state claim, I worked into nj and I now live in virginia.. kinda hard for me to get up north. Ugh
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Old 06-28-2010, 07:21 PM
 
163 posts, read 667,660 times
Reputation: 85
Quote:
Originally Posted by kirstylea View Post
I quit because a girl in the office was just being horrible to me (threats, messing with my accounts, etc) and I told my boss about it numerous times even threatened to file a police report... he kept telling me he would take care of it and he never did. (months of putting up with this crap) another girl in the office complained with me too but she still works there (she's about to quit). My claim is also an out of state claim, I worked into nj and I now live in virginia.. kinda hard for me to get up north. Ugh
Okay- This is what I'd do.

Write out a statement of what you were enduring as an employee- times, dates, events, names, response you got from your employer, etc. If you have any logs you were keeping at the time of the incidences, even better.

Second, contact the office that sent you the notice and tell them you reside out of state now and is there a way you can submit a response via mail. You might get lucky........It doesn't hurt to ask. Explain your circumstance (money, transportation, time delay in notification).

Tell your story and be honest. Honesty is always the best policy and they will see that you had no choice as you didn't have the support of your employer to resolve this issue, which was impairing your ability to do you job effectively.

Hope this helps.
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Old 06-28-2010, 07:27 PM
 
14 posts, read 72,402 times
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They already know I am out of state so I am thinking it may be a telephone interview or something, I am attached to the "interstate claims". I remember most of the dates and roudabouts so i'm hoping that it is suffice. It's soooo confusing ! Thank you though i'm kinda hoping they don't grant it but who knows, its such a pain!
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