Won appeal with Workforce just to get notice again that employer now has appealed with Workforce Commission in Austin!!!

[Chyvan]

This thread had to be moved from somewhere else because I can't believe these posts. Some of you people have no clue of the steps in the UI process, and it's no wonder that claimants fail so miserably. It's the blind leading the blind.

Originally Posted by 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".

Confused. I'll clear it up for you "the last one," that is her talking about the tribunal hearing that she had where all the testimony was taken.

Originally Posted by MrGompers

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.

She was, and I can't believe you couldn't figure that out.

Originally Posted by MrGompers

Best thing you can do is keep quiet.

You don't know that because she never typed in the decisions. There might be an obvious thing that if given the chance to write a response, she can derail the employer's attempt completely.

It could be this whole story is a load of irrelevant garbage and everything hinges on "I won the appeal stating they were at fault for not filing with the Workforce of their address change." If the wrong address caused the employer to file a late appeal, it could be that the employer is losing because they don't have good cause to be late, and therefore, the decision will never be decided on the merits, and she could be guilty of taking $100/day from the till, but that won't ever matter because the employer was LATE and missed their chance.

Originally Posted by MrGompers

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.

So far, this is about that only thing you've said that sounds like you know what you're talking about.

Originally Posted by MrGompers

A Doctor's note is basically gold in these situations.

Not necessarily. A doctor's note quite often renders the claimant not "able and available," so they get a pass on the separation, but then still don't get any money.

Originally Posted by MrGompers

The fact your employer says they didn't receive your calls doesn't really matter

The ALJ or hearing officer decides who is telling the truth. It can matter if the employer is believed. It's why I tell people to call from phones where they can get their call records. When the employer says, "we never heard from her," and the claimant whips out a phone record showing the date, time and length of the call, the employer's credibility is tainted. It's been enough to win it for a claimant.