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  • need help in filing an appeal of denial of unemployment benefits

    I filed for unemployment benefits after being terminated. My initial claim was denied and I filed an appeal. The appeal arrived a day late and this caused the the hearing officer to deny, (uphold?), the ruling. In short, I need help in filing the final appeal with the Superior Court. Where can I get that help, and can I get it at no or very little cost? Everyone I talk to tells me that there is not much I can do but there has to be something. . . Help please! I have to get the final appeal filed very soon.

  • appeal
    replied
    help with appeal

    First of all call your local law school's clinic. Sometimes they handle appeal cases. Another option is to start the ball rolling yourself. There are time limits and it's important that you go to your local court and ask the clerk specifically for a poverty affidavit. This is a form you can sign stating that you have no money and cannot afford payment to petition the court.

    Then quickly seek out an attorney who might jump on board. The court will approve payment for that attorney on your behalf. If you cannot find an attorney to help, the experience is worth a thousand experiences.

    I stumbled through the process and am now awaiting the Kansas District Court's decision. The judge made many allowances as I am a layperson and I had to read each and every law to be able to petition and answer and reply to the decision makers initial decision to deny benefits.

    It's scarry, but worth the trouble. Don't allow anyone to tell you not to try. You deserve it to yourself. You have every right to be an advocate for your self.

    appeal.

    Leave a comment:


  • cbg
    replied
    There's also a time element involved. A lot of times I'm answering a question while I'm on hold at work, or on a break, and I don't have time for a long explanation. I have to get as many questions in as I can in the brief time allowed.

    I do try to give explanations of the laws or the potential reasons for a policy when time permits.

    Leave a comment:


  • Pattymd
    replied
    Well, many times that IS the answer.

    However, you'll also notice that just as many times (or maybe more), the answer is that no law has been violated.

    Can't please all of the people all of the time.
    Last edited by Pattymd; 07-06-2006, 12:31 PM.

    Leave a comment:


  • cbg
    replied
    I hope so!

    Leave a comment:


  • [-UG-] Agent Orange
    replied
    Thats fine with me...I wasnt trying to say laws should be changed. Was just basing it on the first few posts I read here, where it just seems people are coming to vent, and every answer seems a simple "go to your local DOL center and file a claim/complaint".

    I think many employers, as well as employees, can get some help here.

    Leave a comment:


  • cbg
    replied
    When I first took over as moderator of the employment law forums, I permitted a few free-form debates. They quickly got out of hand and the threads had to be locked. So any debates now have to be kept strictly within bounds.

    Other moderators may have a different policy. That is mine.

    If you feel that an answer that has been given is incorrect, you are free to disagree. If you have a question about the law being discussed, you are free to ask it. I'm not in the habit of closing down threads that are still beneficial; I only lock them when the subject has been beaten into the dirt or has deteriorated into an argument that has no resolution. Discussion of the laws in question is fine; debates as to what the law ought to be, are not.

    Leave a comment:


  • [-UG-] Agent Orange
    replied
    Why not? All of the Labor Laws are open to interpretation. We have to be fair about things, and let people know if they are wrong or right, whether they think they are right all the time. I dunno about you, but I run my own business, and I try to be fair as possible, but there are people out there who are looking to make an easy buck without working. If you listened to the people I have fired in the last 3 years, you would think I should be closed down. What they dont tell you is how many times they dont show up for work, cuss at work, do subpar work, etc.

    So why not tell it like it is to people here?? Its what these forums look like to me. It could also save people alot of aggravation, and money for lawyers. False claims against an employer with the DOL could result in termination of employment as well.

    Leave a comment:


  • Pattymd
    replied
    We're not really here for debating.

    Leave a comment:


  • [-UG-] Agent Orange
    replied
    Many old posts I see.....but I figured I would spark some debate around here.

    Leave a comment:


  • Pattymd
    replied
    oops, Agent Orange, 2 months ago. I'm positive this appeal has come and gone by now.

    Leave a comment:


  • [-UG-] Agent Orange
    replied
    Originally posted by visualwill
    I filed for unemployment benefits after being terminated. My initial claim was denied and I filed an appeal. The appeal arrived a day late and this caused the the hearing officer to deny, (uphold?), the ruling. In short, I need help in filing the final appeal with the Superior Court. Where can I get that help, and can I get it at no or very little cost? Everyone I talk to tells me that there is not much I can do but there has to be something. . . Help please! I have to get the final appeal filed very soon.
    What were your reasons for being terminated? If you were terminated, and you still didnt receive benefits, you must've been naughty. Be honest, and tell the whole truth, that way people can give you better advice. Did you keep blowing off work, showing up late, doing subpar work, and then get terminated after repeated warnings??

    Leave a comment:


  • rjc
    replied
    visualwill, I think there are many steps you have skipped if you are now required to file in the Superior Court.

    In CT, if you are initially denied, then you may file an appeal and have your case heard before an Appeals Referee. Did you do this?

    If you had a hearing, then you amy file an appeal before the Board of Review.

    These steps remain the same even if you have been determined to have filed a late appeal. An appeal/request for a hearing must be filed (and that means postmarked, not received) 21 days from the date of mailing of the initial determination.

    If you have exhausted these steps and now must file in Superior Court you will need the assitance of counsel licensed to practice in CT as only he/she will be allowed to file the complaint seeking further judicial review. The state of IL has no jurisdiction in this matter.

    Leave a comment:


  • Pattymd
    replied
    I'd start with Illinois first. Does your employer also do business there?

    Leave a comment:


  • visualwill
    replied
    In the meantime, I have moved to Illinois, so what do I do in trying to find an attourney? Can I find one in CT? or willI have to look in IL?

    Leave a comment:

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