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  • My Ma. employer filed a 2nd unemployment appeal

    I was fired from my job wrongfully, i applied for unemployment while searching for new work...denied...i appealed and won after an in person hearing was conducted. It was proven that my employer and manager were both aware of my outside business activities that in no way competed or affected my primary job. I have been collecting for over a month with no luck of finding a job yet. I just received a notice from the commissioner that he is granting a second appeal to the employer to specifically ask questions that were already discussed under oath and allowing new evidence and testimony.

    I never received a certified mail copy of the appeal submitted by the former employer to allow me to send a letter requesting denial of the appeal to the commissioner. I read the massachusetts law and it says all parties involved in the first hearing are to receive a copy of all paperwork submitted giving reason for a new hearing. I feel that i am due process is not being exercised here.

    Furthermore the employer lied twice under oath which is on tape from the hearings and nothing was done about this. I feel that when i return there will be false documents presented to try and cause me undue finanical harm. He is also calling places where i have tried to earn part time income while looking for full time work and questioning them about what i am doing there. His company vans have been seen follwing me around and there have been suspicious vechicles parked outside of my home randomly.

    What can i do?

  • #2
    stephent456, you added your question to another poster's old thread. You should have started your own new thread. I will start one for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Das ist in der Doktor!

      Originally posted by stephent456 View Post
      I was fired from my job wrongfully, i applied for unemployment while searching for new work...denied...i appealed and won after an in person hearing was conducted. It was proven that my employer and manager were both aware of my outside business activities that in no way competed or affected my primary job. I have been collecting for over a month with no luck of finding a job yet. I just received a notice from the commissioner that he is granting a second appeal to the employer to specifically ask questions that were already discussed under oath and allowing new evidence and testimony.

      I never received a certified mail copy of the appeal submitted by the former employer to allow me to send a letter requesting denial of the appeal to the commissioner. I read the massachusetts law and it says all parties involved in the first hearing are to receive a copy of all paperwork submitted giving reason for a new hearing. I feel that i am due process is not being exercised here.

      Furthermore the employer lied twice under oath which is on tape from the hearings and nothing was done about this. I feel that when i return there will be false documents presented to try and cause me undue finanical harm. He is also calling places where i have tried to earn part time income while looking for full time work and questioning them about what i am doing there. His company vans have been seen follwing me around and there have been suspicious vechicles parked outside of my home randomly.

      What can i do?
      Get ready to go through it all again.
      Keep your cool.
      When asked a question DO NOT begin your answer with the words I FEEL, at this point your feelings are irrelevant. Stick to what you know or what you can prove.
      Keep your answers short and to the point
      Your former employer has done nothing illegal by contacting those from whom you have sought part time work asking questions DO NOT bring it up.
      Unless you can PROVE those vans that followed you and those suspicious vehicles that were randomly parked outside of your home were sent by your former employer for the express purposes of intimidating you, he has done nothing illegal, DO NOT bring it up, you're just going to wind up looking like some kind paranoid nut.

      What the commission is going to be looking for is consistency, if nothing else, just repeat what you said at the first hearing and nothing more.
      You CAN say that you did not received any paperwork as to the reason/s given by the former employer for requesting a second hearing as required by law, it will be noted and then drop it. Harping on it will not help your case.
      Speaking of which, I would suggest you look that law up and find out specifically what that notification was to contain. If merely having been notified of a second hearing at your former employers request, (which you were) fulfills the law, then I wouldn't bother to bring it up, it will gain you nothing.

      Your former employer can drive a heard of wild elephants with something new or different plastered on side of each animal past the Judge, but while all this is happening what's most likely to be going through the Judges mind is why wasn't all this brought up at the first hearing.
      The Judge is very well aware that some employers will request a second hearing if for no more reason than they can.
      They've seen and hear it all before.

      If the employer presents something that is not true, just say that's not true or thats false, you do not need to prove that it's not true or that it's false, your former employer needs to prove that it is true.
      I've been through the appeal process several times and I would not be so arrogant as to suggest that I won them all by following the above suggestions so much as it was more of a case of just sitting there and watching an ill prepared former employer lose them.
      Try and remember, you won the first appeal and I'm of the opinion you'll win the next one,
      but you never know. If you do lose, YOU appeal
      Oh, and one last thing,
      never interrupt or argue with the Judge,
      that's the surest was to loose!
      Good Luck.

      ..______________
      ~ A closed mouth gathers no feet.
      Last edited by drruthless; 04-30-2012, 01:02 AM.

      Comment


      • #4
        Originally posted by stephent456 View Post
        I was fired from my job wrongfully, i applied for unemployment while searching for new work...denied...i appealed and won after an in person hearing was conducted. It was proven that my employer and manager were both aware of my outside business activities that in no way competed or affected my primary job. I have been collecting for over a month with no luck of finding a job yet. I just received a notice from the commissioner that he is granting a second appeal to the employer to specifically ask questions that were already discussed under oath and allowing new evidence and testimony.

        I never received a certified mail copy of the appeal submitted by the former employer to allow me to send a letter requesting denial of the appeal to the commissioner. I read the massachusetts law and it says all parties involved in the first hearing are to receive a copy of all paperwork submitted giving reason for a new hearing. I feel that i am due process is not being exercised here.

        Furthermore the employer lied twice under oath which is on tape from the hearings and nothing was done about this. I feel that when i return there will be false documents presented to try and cause me undue finanical harm. He is also calling places where i have tried to earn part time income while looking for full time work and questioning them about what i am doing there. His company vans have been seen follwing me around and there have been suspicious vechicles parked outside of my home randomly.

        What can i do?
        I have extensive experience with MA unemployment and have never heard of requiring a certified mail copy of the appeal. What section of the law references that? Does the notification of appeal mention the reason for the further appeal?

        If you already have had the phone interview (first step which you lost) then you had an in person appeal (second step which you won) then the third step is an appeal in which neither side appears and you are not given an opportunity to add further information. The Board of Review views the testimony already given and decides if the decision stands or is overturned. If it is overturned you would need to appeal to the court.

        What gives you the impression that you will need to appear in person again?

        Comment


        • #5
          FYI, prevailing in an unemployment claim does not mean that your termination was wrongful (illegal). The vast majority of people collecting unemployment were legally terminated.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Reply

            Originally posted by HRinMA View Post
            I have extensive experience with MA unemployment and have never heard of requiring a certified mail copy of the appeal. What section of the law references that? Does the notification of appeal mention the reason for the further appeal?

            If you already have had the phone interview (first step which you lost) then you had an in person appeal (second step which you won) then the third step is an appeal in which neither side appears and you are not given an opportunity to add further information. The Board of Review views the testimony already given and decides if the decision stands or is overturned. If it is overturned you would need to appeal to the court.

            What gives you the impression that you will need to appear in person again?
            Hi,

            I received a notice that said the board of reviews has received a request for review and has decided to reopen the case to take additional evidence and to remand the case to the original examiner.
            Please address the following questions specifically. Then there are 5 questions that were already answered on tape the first time.

            Then it says please allow the employer to provide any evidence to show that I competed with his business which he could not do before. He even admitted he was aware of my side business but not the extent of it before.

            I just assumed I have to go back, the notice said notify both parties of the new hearing date and time. I called and they said it will be a new docket number and I will get a notice soon.

            I went to section 1640 I think it the mass handbook and it said any appeal made requires a certified copy be sent to all parties and if I would like to request denial in writing of the request I can do so within 10 days of receiving the copy of the appeal. I never got a certified copy. Unless it comes from the people that send out the date and time.

            Comment


            • #7
              Originally posted by stephent456 View Post
              Hi,

              I received a notice that said the board of reviews has received a request for review and has decided to reopen the case to take additional evidence and to remand the case to the original examiner.
              Please address the following questions specifically. Then there are 5 questions that were already answered on tape the first time.

              Then it says please allow the employer to provide any evidence to show that I competed with his business which he could not do before. He even admitted he was aware of my side business but not the extent of it before.

              I just assumed I have to go back, the notice said notify both parties of the new hearing date and time. I called and they said it will be a new docket number and I will get a notice soon.

              I went to section 1640 I think it the mass handbook and it said any appeal made requires a certified copy be sent to all parties and if I would like to request denial in writing of the request I can do so within 10 days of receiving the copy of the appeal. I never got a certified copy. Unless it comes from the people that send out the date and time.
              It makes more sense to me now since they are reopening the claim. So you aren't going before the board of review but the board found reason to reopen the original hearing.

              I looked on the MA website and didn't find the section you were speaking of for the certified copy. My advice would be to request a denial now even though you don't have the certified copy. If you go outside the 10 days it will be much tougher to request the denial. Remember that the only person hurt by the delays is you. So focus on what works best for you and not what you can show the state didn't do.

              In your first post you mention that you should receive paperwork saying why the appeal was granted but weren't so your due process was not given. The appeal form lists the reason that you posted "Then it says please allow the employer to provide any evidence to show that I competed with his business which he could not do before. He even admitted he was aware of my side business but not the extent of it before."

              If you go back to the hearing, you should keep your answers concise and answer only the question asked. As another poster likes to say, sometimes it is whoever annoys the hearing officer the least who is the winner.

              Comment


              • #8
                Originally posted by HRinMA View Post
                I have extensive experience with MA unemployment and have never heard of requiring a certified mail copy of the appeal. What section of the law references that? Does the notification of appeal mention the reason for the further appeal?

                If you already have had the phone interview (first step which you lost) then you had an in person appeal (second step which you won) then the third step is an appeal in which neither side appears and you are not given an opportunity to add further information. The Board of Review views the testimony already given and decides if the decision stands or is overturned. If it is overturned you would need to appeal to the court.

                What gives you the impression that you will need to appear in person again?
                Mass unemployment insurance handbook 1647 (f) is what I was referring to. Also 1648 (e)

                Comment


                • #9
                  My advice still stands. Request the denial within the 10 days from getting the notice of appeal even without the certified copy.

                  Comment

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