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  • Employer Files A Late Appeal Florida

    I was a Substitute Teacher in a large school district in Florida who was released by the district for reasons I disputed. I filed for Unemployment and the district office (one HR manager in particular) objected. An Unemployment Claims Adjudicator found in my favor. The HR Manager in question filed an appeal, but did so late. The appeal was not filed within the 20 days allowed. She actually filed on the 21st day, but late is late. The individual in question (one of 3 HR Mgrs in a large department) gives the reason for the late filing that she was in Maryland, at her father's memorial, for 7 of those 20 days. However, there were other times she could have filed the appeal, she had a week before she left and another week after she returned before she filed the appeal. There are also two other HR Mgrs and a large HR staff, someone else could have done it. It is up to the referee is she has good cause, but the referee is also bound by law. I believe I have a good argument.

    I have a telephone hearing before an appeals referee on 5/11/10 at 4pm. Timeliness is one of the issues at the hearing. I am scared and hoping that the timeliness issues ends it, but I have to be prepared to continue if it does not. I just wanted to know if you could offer me any assistance in preparing for the telephone hearing or knew someone who could.


    Erin Carrigan
    Last edited by erinleacarrigan; 05-03-2010, 08:29 PM. Reason: Removing my personal email address because I worry about receiving spam.

  • #2
    Well...always elling the truth is vital. However, I would suggest to the UI investigator that there were other HR personnel available who could have stepped in during her leave.

    Good luck! It is my experience that late filing is never a good idea, hopefully they will sustain this in the hearing.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      Please consider remving your personal email address...you are opening yourself up to spammers.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        To CatBert

        I have already written the referee a letter in advance of the hearing. I let the referee know, and I will again at the hearing, that the individual who filed the appeal was one of three HR Directors in a large staff that handles over 5,000 instructional and classified support staff and 40,000 students. I seriously doubt official county business was put on hold during her brief absence. What do they do when someone goes on vacation or is out with the flu for a few days? I do not believe the reason matters, this is the real world and things happens. Most companies have plans in place for this kind of scenario.

        Additionally the date of the determination was March 11 and she did not file the automated appeal until 4/1. She states she was in Maryland at her father's memorial in Maryland (I am in Florida) from March 17 to March 23. She had about a week between the date of the decision and the date she says she left for Maryland. There is also another week that passed between her return and the date she actually filed. The automated system online is available 7 days a week. She could had conceivably done the appeal even while she was in Maryland.

        She had time, but there were also others who could have filed it during her absence.

        Comment


        • #5
          You're asolutely correct...she had time, and other resources to utilize. I have missed hearings and appeals...rarely am I granted a forebearance regardless of my reason. For just that reason I make sure I file timely...Good luck.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            Thanks to CatBert

            I really appreciate your comments "CatBert." You have to understand that from my end it is a STRESSFUL spot to be in. I have no idea how to prepare, but I have been gathering some information, e.g. past cases in Florida, etc... I have also been putting together potential questions to ask the person who files and potential witnesses, if it goes that far. I am hoping it does not and gets dismissed on the timeliness issue. They would not have it listed as an issue if it was not. It is my understanding that the timeliness issue will be addressed first.

            I am sorry if I repeat myself. I have been a mess trying to sort this out. If I could afford an attorney I would, but obviously I cannot if I am unemployed.

            Erin

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            • #7
              Erin,

              I am 100% on your side regarding this matter.

              Be prepared is the best advice I can offer. I would implement questions that relate directly to what you have mentioned here...time frame, other employees who could have filed for her, and the fact that her father's memorial did not take 20 plus days to arrange and attend.

              Proving her negligence is key!

              Good luck and please keep us posted.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

              Comment


              • #8
                My Appeal Hearing was Today

                I have been posting comments about a late appeal filed by my employer...A member named "CatBert" has been very helpful with their responses...

                I was scheduled for my appeal hearing at 4pm today, 5/11/10. I was waiting for the call from the referee and had all my questions, materials, etc... ready in front of me. The referee was about 10 minutes late, apologized for it, and told me they would have to call me back. The referee called me back a few minutes later to tell me that they could not get anyone at my former employer to answer the phone. So basically the case was dismissed because my former employer was a no show for the hearing. I am told, however, that they can still request another hearing, although the issue of a non-appearance would be been added to the new agenda.

                So I am OK for now although I wonder what, if any, chance the employer would have if they requested another hearing. They already filed the first appeal late and now they would have to come up with a REALLY good excuse for missing a hearing they requested.

                Has anyone heard of other cases like this? What do you think of my chances from here?

                Erin

                Comment


                • #9
                  Our opinion and $2 will get you a large coffee at 7-11, but I think you're in pretty good shape. Not a good idea to p*ss off the hearing officer.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Reply

                    I know that it is ultimately up to the referee, but I knew nothing about this stuff and I went on this website just looking for advice. The comments that were given to me were a BIG help in preparing for my hearing.

                    Erin

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