Sunday, March 7, 2010

UNEMPLOYMENT INSURANCE - APPEALS

OK, you were discharged. You applied for benefits. You were denied benefits. You requested a hearing. You got a lawyer. You had a hearing. The other side didn't show up. You give your testimony. The Administrative Law Judge rules in your favor. It's all over, right? Wrong. This is a process. The employer may move to reopen its default and it will likely be granted. So there is a new hearing. You win again. It's all over, right? Wrong. This is a process. The employer may file an appeal to the Appeals Board. The employer doesn't file a 20 day Notice of Appeal. It's all over, right? Wrong. This is a process. The employer may move the Appeals Court to accept it's late filing and it is granted. The Appeals Board reopens the case. But the employer fails to file a statement, request to inspect minutes, etc. The Appeal Board issues it's opinion in your favor, affirming the Administrative Law Judge. It's all over, right? Wrong. This is the process. The employer may file an application to reconsider and the Appeals Board reopens the case.

This is a true story. And it is still a work in process. Just over 2 years now and still going like the Everready Bunny.

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