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Honestly my chest hurts. Are there any good templates for the appeal letter? It just says to write a letter to the appeal board explaining why I would like it appealed. And also, will the appeal take another 4 weeks?
I feel so defeated and I honestly can’t believe this.
For the appeal REQUEST, it's just, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."
Then because you missed your hearing, you have to write a blurb that I moved. I used my correct address. I got an acknowledgment of receipt, and I watched my mail day after day, and when I did get something it was a decision based on the fact that I never appeared. I never received a hearing notice scheduling me for anything. Someone in the NY DOL messed up. Also, the employer didn't appear either which reinforces that someone didn't send out the notice.
Awesome, thanks a ton. I’ll write the appeal and fax/mail it on Tuesday, because of the holiday. Can’t wait to have another month of waiting. Hopefully the next month flies by.
I'm so sorry JSD16! I barely received my Notice of Hearing. Right after I finally gained employment. I am too new to take time off to even attend. What the hell is UI for if we have to fight tooth and nail to receive it. These past couple of months I've gone through so many different emotions. I feel for you JSD16 and wish you the best of luck!! Stay strong!
Had my hearing over the phone yesterday, old boss didn’t show up. Because he didn’t show up, the judge said she would not read any of his statements made, so I ended up not having to defend any of his claims, even though I submitted the evidence. It was very quick, to the point where it was scary. I asked to explain the evidence and dispute my bosses claims and she said there was no need to, I only had to explain what happened when I was let go. She also asked why I specifically chose lack of work, which I then explained (I showed up, cafe was closed, there was no more work for me).. She asked me if any other work was offered, I said the only thing he said after letting me go, was that if the cafe opened back up he would offer me the position again. She asked if the cafe opened again, I said no. She asked if my old boss ever called me again, I said no. It was very quick, I answered her questions directly and kept it short/didn’t volunteer any other information. I did ask her to add the proof the cafes were closed to the evidence. She said it was not necessary, as it wasn’t being disputed. I felt pretty confident over the phone, however after thinking about it hope it being so quick wasn’t a bad sign (ie she didn’t believe my side). I should hopefully receive the decision in the mail tomorrow. Let’s hope I don’t have to appeal....again
You appeared to have had a very good ALJ who prevented you from getting yourself disqualified. You should prevail.
One thing, when an employer does not show up, everything they said before is thrown out and any evidence they submitted can be ignored in it's entirety by the ALJ. In your case, about the only thing the ALJ was focusing on is your own statements. There really was no need to go on the record to defend yourself against anything your former employer said or submitted because as far as the ALJ appeared to be concern, it did not exist. Based on what you just posted, you can see how the ALJ's questions followed your answers. Since your employer was not present and their evidence not accepted, asking to submit evidence about the closing wasn't even necessary (could have actually caused a problem) as the only evidence that the place closed was your verbal statement that went undisputed by your former employer. In other words, it was taken as fact since nothing disputed it.
She doesn't have a choice. It's the power of "uncontested" testimony.
The worst that can happen is that the employer tries to get a REopening of the hearing because he missed it, and tries to tell his side.
You'll win. I'm so sorry you had to go through this, but next time, you'll be ready, and if you have a friend, family member, co-worker that loses a job, you'll be able to tell him/her how things really work.
Hey guys,
Just wanted to let you know I received the decision today. The judge was awesome and basically just said all of my testimony was credible. I do not have to pay back the benefits I’ve received, don’t have to pay the penalty, and I don’t forfeit any days. When I login to the account online, it still says I owe the two weeks and penalties.
Do you know about how long it takes to update? I’m owed about 14 weeks in back benefits. Any ballpark to about how long it’ll take for them to send it to me?
Also, kind of unrelated, but my new job is at a university and I just found out the two weeks for holiday will be unpaid. Am I allowed to claim during that time since I have the open claim and there isn’t work available for that time?
Any ballpark to about how long it’ll take for them to send it to me?
If it takes more than 2 weeks, something is wrong, and you need to do work to get it processed.
Quote:
Originally Posted by Jsd16
Also, kind of unrelated, but my new job is at a university and I just found out the two weeks for holiday will be unpaid. Am I allowed to claim during that time since I have the open claim and there isn’t work available for that time?
Yes, BUT your claim is going to close. You'll have to REopen. The University will be the new employer, and you might not get anything because it's an educational institution, but it depends on the kind of job that you have AND if you actually work for them or are there through an agency of some sort.
File for the two weeks, and hope you get paid.
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