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So, I was let go from my job in May 2019, I applied for Unemployment, my employer denied this so I was assigned a case worker who called me to get my side of the story. I gave it, and within 3 weeks I was starting to receive unemployment -- including a lump sum for all of June that I hadn't received.
In total I received June and July .. fortunately, I was able to find another job and my last claim date was Aug.4 (I started said job Aug 5) -- this past weekend I receive paperwork in the mail that my old employer wants a hearing because they don't agree with the outcome.
I'm not even claiming benefits anymore!! I haven't in 2 weeks (I read that after you don't claim for 4 weeks the case is closed) -- I have a new job and have NO PTO to take to go to this hearing. I'm sick of this and want it all behind me. I thought it WAS behind me.
Now I have to wait 1-2 weeks for the letter to come in the mail with the date/time of the hearing. I've been told that there's no way I will have to pay back what they've given me (about $4000) but if that's the case, then why wouldn't the case just be thrown out since I no longer am claiming? My case is still "active" because it hasn't closed yet, so I'm assuming my old employer thinks they're still paying me...would I really have to pay this all back? I had bills to pay so that money is long gone - I don't know what to do, or how to go about this. I'm so upset/angry.
I've been told that there's no way I will have to pay back what they've given me (about $4000) but if that's the case, then why wouldn't the case just be thrown out since I no longer am claiming? My case is still "active" because it hasn't closed yet, so I'm assuming my old employer thinks they're still paying me...would I really have to pay this all back? I had bills to pay so that money is long gone - I don't know what to do, or how to go about this. I'm so upset/angry.
If your former employer appeals your determination and win, you will have to pay back every penny you have received so far. Not sure who told you that heap of BS but you shouldn't listen to them anymore. You case is closed 24 months after it was initially opened unless fraud is involved which extends it to 7 years.
However, all is not lost. What we need is the details such as date of termination, reason, what contact you had with unemployment, the dates they approved your benefits and the date your former employer filed the appeal.
Question: Can a lawyer "stand in" for you for such a meeting? I know no one is a better advocate than themselves, given they know the ins/outs of the situation (their side)... but, since the employer has to submit a file of accusations and such, could one give their rebuttal proof to their lawyer?
Question: Can a lawyer "stand in" for you for such a meeting? I know no one is a better advocate than themselves, given they know the ins/outs of the situation (their side)... but, since the employer has to submit a file of accusations and such, could one give their rebuttal proof to their lawyer?
The attorney can not testify to first hand facts as it's hearsay, just like someone from HR can't testify as to what a claimant said to a manager of they were not present. They can present documentation that is verifiable but can not actually speak for the claimant.
The attorney can not testify to first hand facts as it's hearsay, just like someone from HR can't testify as to what a claimant said to a manager of they were not present. They can present documentation that is verifiable but can not actually speak for the claimant.
My company won’t even be there to testify, their “3rd party entity” will - someone who doesn’t know me, my job, or was there when I was let go!
If they are using a cost mitigation company, all you have to do is object to any testimony that is hearsay. That would leave only written documentation that is verifiable and authenticated providing it's also not hearsay. But, you have to object so it's on the record otherwise the ALJ will take it to mean you agree with what is being said or presented. You are under no obligation to say anything once the employer has concluded their say if you prevented them from making a valid case against you. However it's difficult to object if absent from the hearing.
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