Dadof2053
10-24-2007, 03:31 PM
Last month, I successfully appealed an unemployment payment denial- and now a month later, I am finding out that my former employer is appealing the appeal. From what I read, the appeal person gave the employer until the 17th to respond to the appeal- and the reviewer noted that no one called. The appeal from the employer was not filed into September 24. Meanwhile, i have been collecting unemployment.
My questions-
1) Are there any limitations to how long an employer can wait to file an appeal?
2) If they happen to WIN this appeal, can I appeal? Would i be required to pay back the unemployment?
3) Are there people who can help with this or am i on my own? (Obviously, we are short on money)
The "hearing" (over the phone) is scheduled for Nov. 6, so promt help would be most appreciated.
panther10758
10-24-2007, 03:51 PM
1) Are there any limitations to how long an employer can wait to file an appeal?
Your employer will need good explanation as to why they waited past deadline
2) If they happen to WIN this appeal, can I appeal?
I would assume so but am unsure cbg will know.
Would i be required to pay back the unemployment?
Yes
3) Are there people who can help with this or am i on my own? (Obviously, we are short on money)
You can contact EDD and ask them for resources
My questions-
1) Are there any limitations to how long an employer can wait to file an appeal?
2) If they happen to WIN this appeal, can I appeal? Would i be required to pay back the unemployment?
3) Are there people who can help with this or am i on my own? (Obviously, we are short on money)
The "hearing" (over the phone) is scheduled for Nov. 6, so promt help would be most appreciated.
1) Yes it sounds like the employers appeal is timely.
2) Yes you can appeal if they win,in theory the case can be appealed all the way up to the State Supreme court.
3)Yes call legal aid or even a law school you don't have to be an attorney to argue before the Unemployment appeals board. However if it goes to court then only an attorney can argue in court.
You can also request a postponement.
JoeC
Pattymd
10-25-2007, 04:41 AM
[QUOTE=panther10758;926119You can contact EDD and ask them for resources[/QUOTE]
The EDD is California. The poster is in North Carolina.
http://www.ncesc.com/individual/UI/UiClaims5.asp
panther10758
10-25-2007, 06:48 AM
Ok I made the presumption they used same name.
Pattymd
10-25-2007, 07:10 AM
Ok I made the presumption they used same name.
Nope. As a matter of fact, I don't know ANY state except California that calls it that. :)
complwyr
10-27-2007, 07:37 PM
In NC, it is the ESC (Employment Security Commission)