Won appeal but employer trying to re-appeal again... HELP (collecting, file, receive)

[Previval]

I filed in march and after a telephone interview i got approved and received UI for 4 weeks. Got fired for misconduct (verbal argument with coworker resulting to him pushing me and i pushed him away).
On april 20, got letter saying my employer appeal and had schedule of hearing. I went ahead with the hearing and ruling was an 8 week disqualification. Now they ask me to repay the previous 4 weeks i received.
Just few days ago, i got a mail from employer (third party rep) its a copy of their appeal and it say i should be denied benefit for gross misconduct instead of simple. I never got any letter from UI people yet.

I have 15 days to decide. Should i file a waiver for repayment or should i appeal for the disqualification? Or should i wait for employers appeal and see how it turns out?

Please we need help. Thanks

[Rabrrita]

//www.city-data.com/forum/31918210-post10.html

[Chyvan]

Originally Posted by Previval

Should i file a waiver for repayment or should i appeal for the disqualification? Or should i wait for employers appeal and see how it turns out?

What is the next appeal? Is it to the board of review or for a new hearing? If it's a review appeal, you can do nothing. At this point this system is heavily slanted to uphold the hearing officer's decision.

As to the overpayment, go ahead. It'll probably fail because you're collecting, it's 4 weeks, and they know they can get the money. It would be different had a year gone by, you'd already collected the money and spent it, and were still out of work.

I'm going to guess the person is in NJ because of the "simple misconduct" reference. I don't know of any other state that has that type of system.

[Previval]

Chyvan: i guess its for the next level appeal. Coz we already did the lower appeal and i got a ruling of 8 weeks disqualification for simple misconduct. Now they wanted to contest the ruling to gross misconduct instead.
Do you think i should appeal? Do i have any chances on this?

[Previval]

To give further info:
I am from maryland. I got fired march 27 and has been receiving UI till april 27. Hearing took place on may 6 at our district court and decision was sent on may 12 saying i got 8 weeks disqualification.
Yesterday may 19, i got a copy of the appeal from employer.

[Chyvan]

Originally Posted by Previval

Do you think i should appeal? Do i have any chances on this?

The next appeal is a review. It's in writing. You would write something to justify why the decision is correct and why what the employer is asking for is wrong. Thing is, you're writing isn't that great. The system already has a builtin bias in your favor. I think you should do nothing further.

Now, if you know what the employer's appeal says as in all the words to justify why it should be gross misconduct, and you're writing style is only reflective of how you type on a phone, and not when it's important, then you might want to do something. Sometimes when you're not sure what you're doing, in a case like this, less is more.

[Rabrrita]

O.K. Maryland....
At this time you do nothing until notified by the Board if the appeals is a review (reviewing only the hearing Officer's decision and evidence to support that decision) or if they will be holding a hearing (another hearing with the employer having to first prove that their case is valid). Let us know when you get the notice which it is.

Maryland, like many other states, does not have a line-in-the-sand explanation between misconduct and gross/aggravated misconduct. What applies to one can apply to the other. Unless a clear case of gross misconduct, the hearing Officer applies the weight of all the evidence to make a decision. The weight of the evidence is actually stacked slightly in favor of the employer. The employer gets to create the atmosphere before you get to explain. A bad atmosphere will make the mitigating circumstances not so mitigating. Since it’s really just a personal interpretation by the Hearing Officer, you are hoping they apply the mitigating factors more favorable to you than the employer. You hope they do this by placing themselves in your shoes so they see events from your perspective instead of just a ruling on factual items.

You prevailed with only an eight week (it’s not the max) disqualification which appears to mean the Hearing Officer did weigh the events favorable to your employer that you did commit misconduct, but also saw that there existed enough mitigating factors to rule that your actions were not enough to rise to the level of gross or aggravated misconduct.

Based on Maryland’s Appeal Board decisions, the employer has to prove the weight of the evidence was so strong for gross/aggravated misconduct that the Hearing Officer completely dropped the ball. To better know where you sit, the actual wording of the appeals decision will shed light on why the Hearing Officer ruled for you. If you can copy what it said, that would help.

[Tcoma11]

keep appealing.... eventually the company will back off since time if money for them. You on the other hand have nothing to lose. worst case is they dont pay you, which they dont intend to pay you anyways.

[Rabrrita]

Originally Posted by Tcoma11

keep appealing.... eventually the company will back off since time if money for them. You on the other hand have nothing to lose. worst case is they dont pay you, which they dont intend to pay you anyways.

The OP is not appealing, the employer is appealing. It's the employer who has to prove their case, and that's a high bar they must jump.

Unemployemnt is not paid by the employer to the ex-employee, the employer pays unemployment insurance premiums. It is the STATE that decides and pays, the employer has nothing to do with paying the employee!