Wednesday, July 28, 2010

UNEMPLOYMENT INSURANCE - EMPLOYER DEFAULTS

Here is the situation: Claimant applies for benefits, Employer objects, DOL investigates and rules in favor of Claimant and Employer requests a hearing. On hearing date, Claimant appears but Employer does not. What happens. First, from the Appeals Board website:

"What if the other party does not attend the hearing?

If you asked for the hearing and go to the hearing, then the hearing will be held unless the judge finds there is good reason to adjourn the case. If the hearing is held, the decision will be made based on your testimony and evidence. If the other side asked for the hearing and does not show up, then a decision will be issued saying that the determination remains in effect. An absent party can apply to reopen the case. Another hearing would be held, and you will get notice of that if it happens. It is important for you to come even if you have been to a hearing already."

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