You are not going to believe this! An Appeal (file, receive, apply)

[Pattylyn]

Ok folks, I am having a nervous brake down...and not kidding either, I have been mentally taken again, by unemployment. and yes, now I know for sure also the past employer!!!!

As you know, FRIDAY, I received a call, stating my CASE WAS CLOSED OUT. My hearing was set for Tue. Monday being the Holiday.

Today I received a letter from the appeal board judge, stating employer default for nonappearance. So the intital determination is sustained. The claimant is allowed benefits.

Then it says employer is granted leave to apply to reopen within a reasonable time from the date of this decision. (20) days

I called the Hearing dept., they said, my employer wrote and stated they could not attend, due to it was the first day of school, and Mr.-----Lawyer, and my supervisor could not leave work with so much going on that day. It was my first day of school too, I work for a different school system. That does not sound like an emg to me, why my past employer stated they could not attend.

However, they can reopen for an appeal...of the hearing decision it appears. So, what can they reopen...the hearing? How can they do that since it states I won the hearing by default. The next would be an appeal? And wouldn't that be in truth, just be a hearing worded different, since we have never even had a hearing?

A hearing that was never scheduled two and a half years ago, when my employer first requested one due to unemployments mistake, or back up,

A hearing at which has been confirmed by the Hearing office and my file, I never received a notice when I should of been, two and a half years ago. My benefits were never stopped until a hearing took place either as should of been.

I was prepared to attend this hearing, Tue. Sept 6. as you all know.

I have been sick over the matter as you know then so happy when I was told my case was "closed out"


I am sick beyond words, this truly is a nightmare you folks..Any advice PLEASE...

I did call the attorney that said to go to the hearing, and wing it, and it would most likely be dismissed. Then I could appeal. He was at a meeting.

Also, now I am even more upset, due to the fact that the lawyer, and the supervisor that harassed me ongoing as it sounds, plan to attend.

Something is not right and I just do not know who to turn to for advice.

Should I write to the appeal judge, my senator, the lawyers seem to not even know what is going on.

Is it legal for NYS, to continue doing this? Also, now this is just allowing my past employers, who harassed me continue to do so, causing me extreme anxiety, over and over and over.

Pattylyn

[WannaliveinGreenville]

This is pretty common in this economy, for the past employer to bat around your nerves, by constantly challenging the decision...because they simply want to be obstinant.

If they are out to save a buck, they are going to do it, by fighting your claim..

The question is : How much time do they have to keep fighting this?

I don't know your laws, but I would use your "Google" friend, to find out for your specific state.

This is a total error by your state and they should eat the money.

[Pattylyn]

If you read my previous posts you will see, I have tried all ends to find out info. as well as legal deadlines and so on.

In brief, and its hard for me to be brief. My unemployment was approved way back in Feb. of 2009. I quit with good cause.

My employer did contest, and requested a hearing, back in 2009, however unemployment/Hearing office, who ever was to legally suppose to notify me, by legal document, never did so, I never even knew.

Two and a half years passed, I collected, benefits ended, its been 8 months since I have even been on unemployment. I am back to work now even.

No hearing ever took place, or did I even know one was requested.

My benefits were never placed on hold until a judge made a decision, becasue there was no hearing, not to any fault of mine.

It appears my paperwork got lost, or overlooked. Nobody will tell me, it appears a mystery.

It appears my former employer, or the service they hired never looked into why the hearing never took place either.

The first I heard of any contestment, or that a hearing was requested back in 2009, by my former employer was two weeks ago! Two and a half years after I was approved benefits.


The Hearing office told me also, that I was to be notifed. There is no record of notfication in my file what so ever, and of course there is not, due to I never received notice back in 2009. Only the request letter that my former employer's POA sent them back in March of 2009 was in my file.

In the past two weeks, I have received a mess of updated documents, but only updated on the old documents, as if they (the Hearing office/unployment are just now mailing out the letters to inform me that my employer is contesting, the hearing, and even those papers are not coming in an order to make sense.

They sent me info from Albany, I received LAST TUE, stating attorneys I could contact in my area, giving that attorney and myself only two days to gather up paper work, if there was to be a hearing on this past Tue., the 6th. as I was just informed one week before that was to take place.

No attorneys take on unemployment disuptes either. One other lawyer I spoke with in my town was so baffled, he told me to go to the hearing unrepresented, it would most likely be thrown out.

So, last Friday the Hearing Office called me stating, my case was "closed Out" That I need not attend the hearing on Tuesday Sept. 6th.

Then today, I received a notice saying that I won the hearing by default, since my employer did not show up.

But that makes no sense, due to I was told my case was closed out last Friday, at 8:45 AM in the morning, by phone from the Hearing Office, and that I was not to attend the hearing set for Tues. the 6th. That the hearing was not going to take place.

But if my case closed out...last Friday, and the hearing was not going to take place, as I was informed by the Hearing office last Friday at 8:45 AM. My former employer would of been notified of that, so would not have had no hearing to even not show up too.

So I called the Hearing Office again today, they said, my past employer stated they could not come to the hearing, due to it was the first day of school, and they could not leave work, its a school system.

But still, the Hearing office did not receive word of that last week, from my past empolyer, due to I was at their office Wed, to review my file, Thursday on the phone with them, and Friday when they called me to state my case closed out, and not to attend the hearing.

So, can anyone make sense of it, not even the attorney I spoke with. And he is not even really my attorney, due to I have not even met him, as I just received his name last week.

He has advised me to write my senator, due to the extreme consistant wrong info I am receiving from the Hearing Office, as well as documents, past deadlines, and have evidance of proof to it all.

Thanks for listening. Patty

[Captain Ahab]

As far a reopening - your former employer would need to show good cause for the reopening of a hearing that has ended

Each state has their own standard as to what "good cause" is - some are very liberal and other very, very strict.

[Pattylyn]

Today, looking closer at this form I received yesterday I am more so confused.

It is from the The NY unemployment Ins Appeal Board, Administrative Law Judge.

The form top reads as follows DECISION AND NOTICE OF DECISION

ISSUES: Voluntary leaving of employment without good cause. Employer's objection to claimant's entitlement.

EMPLOYER DEFAULT FOR NONAPPEARANCE

FINDINGS OF FACT: The employer requested a hearing objecting to the claimant's entitlement to benefits. Although duly notified of the time and place of the hearing before the Administrative Law Judge, the employer failed to appear.

OPINION: Based upon a review of the record and evidence herein, the employer is held in default because the employer failed to appear at the requested hearing.

DECISION: The initial determinations (s) are sustained. The claimant is allowed benefits.

The employer is granted leave to apply to reopen within a reasonable time from the date of this decision. (20) days.

As I stated, last Friday, at 8:45 AM, I received a call from the Hearing office, them stating my case was quote "closed out" and that I did not have to attend a hearing on Sept 6th.

So, how could my employer "not show up" for the hearing, when my case was quote "closed out" and the hearing was dismissed?

It seems my employer would have received that same call on Friday, as I did, to let them know my case was closed out, and in addition there would be no hearing right?

As I stated, I called the Hearing Office, yesterday, asking about the letter I had just received and then was told, quote: My employer stated to the Hearing office, they could not attend the Hearing set for Sept 6th, due to they had meetings to attend.

But, now thinking about it wouldn't my employer have asked for an adjourment then?

But the document I received clearly states my employer defaulted for nonappearance???? It just makes no sense.

Last week, I was told I could not request an adjournment by the Hearing office, but was told by them, I could just not show up, and risk losing.

So, if my former employer defaulted and did not show up on the 6th, as was stated on the document I received, that would of meant my case was still open??

Meaning, I would of have had rights to attend the hearing, present my case still, just as I was told, my employer would of been able to do, if I did not show up.

But of couse that did not happen, since my case was "closed out" and the hearing was dismissed!

I my gosh, I need a lawyer, or someone that is well educated in this field, of NYS unemployment.

The lawyer that I have been in contact with, although was referred to me by Albany and he claims he represents unemployment disputes, seems more angry then educated, or else he truly is baffled, I am not sure.

He states he has never seen such a mix up to this degree and truly just thinks the Hearing office/Uneployment is at fault completely.

Since he is not official as my lawyer, due I only received his name last week, then as of last Friday we thought my case was done and over, I have no attorney. No attorneys appear to take on unployment disputes.
I did speak with one, here in my town, before this new mess, his advise was to go to the hearing Sept 6th unrepresented, ask for an adjourment if it was not dismissed. I placed a call to him yesterday, he will most likely call me back today.

However the other attorney that spoke with me yesterday says, I should "wait it out" 20 days, even though he knows that will cause me great anxiety, see what happens next, and hire him if so needed.

He also advised me to write my senator, making him competely aware of the disorder with in the system of NYS unemployment and also our Local Hearing Office at which I have experienced.

Also, to let him take note, I never received a notice of receipt of my employer's request for a hearing two and a half years ago, but just recieved it two weeks ago, dated 8/23/2011.

He stated I could say he advised me to write him, give his name, and also tell him that he has wittnessed similar cases of mix ups, ongoing with the NYS unemployment, that have caused claimants hardship due to the NYS Unployment/Hhearing office's disfuntion.


To you folks here, sorry to be so upset, I feel very isolated again.

I am severely distraut at this point in time, after going through so much the past two weeks, then feeling the extreme relief last Friday.

But in honest, I have felt after affects almost sick, due to it all.

Now again this upset, I did not sleep all last night, I honestly fear for my mental well being I am so upset, can't stop thinking about it, worries running through my mind, and great fears of having to come face to face with "them" the past harassing employers. It just overwhelms me.

I feel I have no control over this umeployment matter, as well as I am not educated in the laws, can't find out information even from the folks I am to trust in knowing these laws, in addition to the official offices have mislead me, and continue to do so.

Personally the ordeal is taking toll on my husband too, he feels bad, but has no answers, so he just hides from it all, and now appears angry.

My daugher's baby is due soon, I am trying to be helpful to her, she has a 10 month old boy now, she lives 50 miles from me.

I also work at a different school district now, daily, while in addition to care for my elderly senile, ill, 86 year old mother. I am the only sibling in NY to care for her.


Thanks for your input.

I appreciate any contsrutive advice and support.


Pattylyn

[seain dublin]

Sorry for all your troubles.

This part stuck with me "My employer stated to the Hearing office, they could not attend the Hearing set for Sept 6th, due to they had meetings to attend. "

Well since they couldn't be bothered to attend the hearing(they knew it was coming up) ways in your favor. It is a court date, you make your schedule clear and you show up.

If they were going to a divorce hearing, a child custody hearing, they would have cleared their calendar.

IMO(I'm no expert) that should weigh in your favor. If it was important to them and they felt that strongly about it they would have been there.

That should be brought up.

[Pattylyn]

Thanks for your reply.

The attorney that I spoke with early last week, called me today.

He initially told me to go to the hearing unrepresented, due to he thought is sounded as though my case would be dismissed. He stated if it was not dismissed I could ask for an adjournment and he would take my case if I wanted representation if needed.

He appears much calmer then the other laywer I spoke with and did not suggest that I go running around like crazy to gather papers from long ago, go to doctors to get new medical notes for my anxiety, and so on, which suits me fine.

I do have some doucment in my file, enough to prove my case too, and will have my attorney request time for us to get more, if we should need them at the hearing, appeal, I am not sure what it would even be to be honest...since my employer defaulted.

His view on the matter is this, the NYS Unemployment office more than likely messed up with my paperwork, and it was their error not sending me a notice back in 2009, as they should of to inform me of a contestment from my employer.

So much time has passed, he felt there is good cause for this case to be closed out.

In addition he added that my former employer needed to come up with a better reason then what they gave, to not show up! Being to busy, needing to attend other meetings, as they stated due to it being the first day of school, is not going to be in their favor. As you noted above.

Still I am wondering about the paperwork stating my employer did not show up for the hearing, when the hearing was cancelled the Friday before. And, the Hearing Dept stated they said they stated they could not come???? I thought then the hearing went on, just with out them????? Anyone know. I should of asked the lawyer, but it slipped my mind.

However, he stated most likely I will hear nothing further on the matter, hopefully! In part since my former employer defaulted, with nonsense reasons.

My former employer also hired a PEOPLESYSYTEMS, a company out to do anything in their power to contest employees with out knowing the case what so ever, or caring to do so, since they get a percentage of the money if they win. Ariadne22 knows of this type of company, and informed me of them too.

Unfortunately I feel anxious, and have to just wait it out, 20 days, unless I hear something before.

The attorney said to keep him updated, and he will represent me if I choose to hire him.

I still might place letter to my local NYS Senator, do you think it a good idea?

Oh my, I hope I can carry on better then I did today since I was very anxious all day, and last night no sleep!

Pattylyn

[WannaliveinGreenville]

I read your second and fourth post and I do understand everything.

It seems to me: The employer KNEW that if they were going to fight your claim, ( way back then ) that they needed to ATTEND the hearing, they did not.

I think this is cut and dry. I think this will just be dismissed and you can move on with your life.