Won appeal with Workforce just to get notice again that employer now has appealed with Workforce Commission in Austin!!! (record, money)

[bcisayso58]

WoW. I guess I should check my hormones before posting anything. I was upset, pissed, etc...........yes I know Blah Blah Blah Not an excuse.

I received a certified letter from employer two days after being released from hospital stating "job abandonment". I tried to contact employer to no avail. Contacted EEOC and Workforce. They asked for medical validation, which I provided; received unemployment benefits and EEOC has given a case investigator. Employer stated in workforce form that I had "quit" now is saying I was going to be fired anyway because I did not show up. Documentation provided to hearing on voicemail received; phone calls from hospital; messages left as well as certified letters. This all stopped once I received certified letter from atty stating not to contact employer for anything.
When I received yet another appeal letter; I freaked out because the last one took two days of 3 hrs on the phone with 3 attys, paralegals and OM from employer and just me. Luckily my mom had prepped me and told me to calm down; only answer with a yes or no unless specified; have all documentation in front of me for referral and never allow them to know my feelings. The employer got caught on several instances where lies were obvious and mediator had to correct all attys on this.
How many times can an employer appeal?
Maybe I was overly pissed making the poll but I was curious on how people would vote. I see now Caution and Fear due to laws and money still Rule.
Thank you everyone for your opinions.

[Chyvan]

You still don't get it. You're talking about this from back when you were fired and at the hearing. The place to start is with the decisions that you've received, and WHY the employer thinks they were wrong.

Even now, I don't know if your decisions state whether you were fired or you quit with good cause. All we know is what you think happened, and that doesn't matter anymore. The interviewer, judge, and commission decide what happened based on your and your employer's stories. Without knowing the specifics, it makes it impossible to tell if you there was a chance it might go against you because of a poorly made decision by one of the earlier decision makers.

Originally Posted by bcisayso58

How many times can an employer appeal?

4 maybe 5 times, but each one is different and the probabilities of winning go down at each phase.

There's the tribunal/hearing <- this is the MOST important step in the entire UI process. You've been here and won, so things are very much in your favor from here on out. However, you're so oblivious as to what is happening to you, I can picture you ruinning things for yourself by saying something you don't need to say, and shooting yourself in the foot.

Review by the board of review.

The court system. I don't the specifics of TX, but there could be superior/district court, appellate court, and supreme court.

[Rabrrita]

Originally Posted by bcisayso58

I see now Caution and Fear due to laws and money still Rule.

That makes absolutely no sense! Actually its contradicts what you have said before. You spent nothing in the appeals process while your employer spend lots. But you are were the winner so what you just wrote is rubbish.

Now, you can have thew determination reversed if the ALJ rules on a matter of procedural law versus the merits of the case. That is why we need to know exactly what the Notice of Determination stated. Based on that determination's wording, you may just sit back and relax, or you may have to be prepared for a possible reversal or remand back to a new hearing on the merits.

You asked for help, but your not providing any information that we can use to help you. If this was just some wild upset rant, we understand, BUT if you really want assistance, dial down the rhetoric and answer the questions we need answered.

[Houston321]

Just a thought.
Many of the responders are giving advice on a level that the OP probably doesn't comprehend. Mentioning procedural law, statutes...etc, probably won't help. This is not meant to offend the OP. I mean, when an engineer helps me put together
a piece of furniture, I need it broken down to a first grade level, I am the worst assembler on earth...hands down. I think the same rule applies here.

[Chyvan]

We asked her to type in the decisions in the order they were received. It doesn't get much harder than that.

[Rabrrita]

Originally Posted by Houston321

Just a thought.
Many of the responders are giving advice on a level that the OP probably doesn't comprehend. Mentioning procedural law, statutes...etc, probably won't help. This is not meant to offend the OP. I mean, when an engineer helps me put together
a piece of furniture, I need it broken down to a first grade level, I am the worst assembler on earth...hands down. I think the same rule applies here.

The OP seem intelligent enough to fill in all the blanks in support of their position in that speech they made. Just about everything the OP provided is worthless in this conversation. Without knowing the reason for the determinations, the OP is whining about not catching tuna in a sand trap at the golf course!

I agree that we do need to bring things down to a level people can understand and in most cases, they stop and answer the questions normally asked at the start. But, from time to time we get those who are just so wound up in self pity and hatred; they need to be smacked upside their head to get their attention.

[Chyvan]

Originally Posted by Rabrrita

they need to be smacked upside their head to get their attention.

And they should be thankful that it's only us doing it because we don't count. If the UI decision maker has to do it, it comes with expensive consequences a lot of the time.

[astrohip]

Originally Posted by bcisayso58

Maybe I was overly pissed making the poll but I was curious on how people would vote.

When you create a poll that only has choices that validate YOUR point of view, it's a worthless poll to 99% of us readers.

Can you imagine having a fight with your spouse, and creating a poll to judge that fight, with choices like these:

1) I'm right
2) spouse is wrong
3) I may not be right, but spouse is still wrong.

That's what you gave us for choices. I can't make this explanation any simpler. And that's why people are giving you a hard time. You're so biased in your own favor, you can't see fairness from a 500 foot tower.

Sorry... that's the way I see it.

Now for some advice. Move on. Forget the fight, forget the appeals, forget everything. Move on, and find another job.

[Chyvan]

Originally Posted by astrohip

Now for some advice. Move on. Forget the fight, forget the appeals, forget everything. Move on, and find another job.

This isn't appropriate advice for this particular forum. Claimants get screwed out of their benefits because they are too often told exactly what you are saying, and for that reason the UI people can get away with denying benefits for the wrong reasons. If more people appeal and get what they have coming to them, there will be pressure on the UI people to make better decisions so that finite and expensive appeal resources are not wasted on trivial matters.

It doesn't take a lot of man hours to appeal. The time is spent on the waiting, worrying, and juggling your savings for no good reason.

[MrGompers]

I'm confused by your posts but this sentence stuck out to me.

"When I received yet another appeal letter; I freaked out because the last one took two days of 3 hrs on the phone with 3 attys, paralegals and OM from employer and just me".

You shouldn't be talking to the employers attorneys unless perhaps you are in front of a mediator or judge. If attorney's contact you outside of this setting politely DECLINE to answer any thing. Do not help them collect info that can be used against you.

Best thing you can do is keep quiet. You already won and that's the best thing you have going for you. The burden is on your previous employer and their attorneys to convince the judge that the findings should be over turned. And much like in traditional court at this point they can only look for "appeal-able errors" to change the judgement. IOW, new evidence can not be submitted.

If it matters I think you originally won because you had a legit verifiable medical excuse. A Doctor's note is basically gold in these situations. The fact your employer says they didn't receive your calls doesn't really matter AFAIK. What if you were in a coma for 5 days. How would you call your employer then?