IDES Second Appeals (receive, claim, work, money)

[HopeForTheBest]

Dear Chyvan,

I have read many of your insightful and winning posts. And I have followed your advice on my IDES claim.

I was fired for 602b misconduct (cursed at a coworker). I filed for UI. Received IDES benefits letter. Then received an IDES letter for telephone interview to discuss 602b. Missed the call as your posts instruct. Received determination that I am eligible for benefit based on evidence. I certify Monday and hopefully get paid Friday.

What are the chances the employer files an appeal? Will this be considered the employer’s second and final appeal? I read IDES lets each side have two appeals. So the employer’s first appeal was when I got the letter to discuss the 602b, right?

I have read many of your posts since 2013 and I have high regard for your wisdom and success rate.

What have been your dealings with employer second appeals? Do you they win the second if they have lost the first?



My employer is small and I do not believe they put anything on the first appeal about my cursing (probably just blankly denied benefits due to misconduct, right?) but may do so with the second appeal. I had been there two years but they have been trying to get rid of me for over one year. Other than that one time cursing, I had no write-ups nor had I ever been late nor had I ever been reprimanded.

Thanks in advance, Chyvan. You are a treasure.

[Chyvan]

This phase is the initial determination. It was in your favor. That's great, but this is NO appeal.

Originally Posted by HopeForTheBest

What are the chances the employer files an appeal?

Don't know. It's very much up to the employer, and it's circumstances.

They might have a flush reserve account, and your claim might not affect them at all. Therefore, it might not be worth the effort to appeal because it saves them no money.

They might pay for the services of a UI cost control company, and those companies will appeal everything because they know what they are doing and want to justify their fees.

Originally Posted by HopeForTheBest

Will this be considered the employer’s second and final appeal?

It will be their FIRST and most important appeal, but not their last.

Originally Posted by HopeForTheBest

I read IDES lets each side have two appeals. So the employer’s first appeal was when I got the letter to discuss the 602b, right?

You misunderstand. Each DETERMINATION gets appeals. It most likely means two appeals within IDES. After the IDES appeals, the determination can get appealed into the court system.

The steps:

Initial determination
Appeal hearing/tribunal
Board of Review

The above always seem to be true in all states.

Board of Review with more than one judge
Superior/County court
Appellate court
State Supreme court
US Supreme court

These and their permutations become fuzzy when you get this high. If the employer appeals, and wins, that takes the tribunal off the table, and you'd be appealing to the board of review.

The higher up you go beyond the tribunal, the more the prior victor's decision is favored.

Originally Posted by HopeForTheBest

What have been your dealings with employer second appeals? Do you they win the second if they have lost the first?

Because the statistics aren't widely published, I use CA which does publish as my approximation for the rest of the country.

Of denied employee appeals, the ALJs in CA reverse 55% of the agency decisions.
Of the employer appeals, the ALJs in CA reverse 33% of the agency decisions.

What that means is that when the employer appeals, you have a way better than 50/50 chance of keeping your benefits.

Then there is the ratio: there are 3 employee appeals to every employer appeal. That means that your employer appealing is way less likely.

Originally Posted by HopeForTheBest

My employer is small

They probably don't have the manpower to fight it.

Just worry about it when and if it happens.