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Thread: Unemployment appeal process in Florida Florida

  1. #1
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    Default Unemployment appeal process in Florida Florida

    Question about unemployment appeal process On 12-16-10 I had a telephone hearing. My "employer" appealed my unemployment. I have been receiving unemployment since October of 2009. "Employer" is stating I quit due to health reasons. I was laid off from my contractor. I worked for a contractor and was paid by a payroll company. When the job was completed, contractor laid me off. The payroll company is appealling my unemployment, not the contractor. Well "employer" NEVER SHOWED UP AT APPEAL. Decision was reversed on 12-17-10. I won. Then today I check website which is over three weeks later and a new hearing is scheduled. It states:
    request for rehearing granted 1/10/2011(tmrw) and this:Appeal Date 12/21/2010 Appellant CLAIMANT . I never requested a rehearing. Help!! I have been without a check since October of 2010. I also was receiving checks from Ocotber 2009 to October 2010 with no problems. UGH!
    Last edited by bsullivan; 01-09-2011 at 11:42 AM. Reason: spelling

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    Tell the truth at your hearing. If you are looking for some guarantee that you will win, we can make no such guarantee. The employer has a right to appeal. They do not have a right to lie, but it is common for parties to lie in these hearing. The good news is that the Administrative Law Judge (ALJ) generally have heard this all before. And people whom the ALJ thinks are lying tend to lose.

    1. Listen to the ALJ. The person who brasses off the ALJ generally loses. And not listening is a good way to brass of the ALJ.

    2. Let the other side speak without interruptions. Interrupting just brasses of the ALJ.

    3. When it is your turn, tell the truth. Keep it short, simple, to the point. Calling the employer names does not help you, it hurts you. Even if you are right. IGNORE THE EMPLOYER. Keep your short, simple, truthful remarks directed at the ALJ. Do not repeat yourself. Assume that the ALJ heard you the first time. Act like you are in a court of law. Act like the ALJ is a real judge. Your credibility with the ALJ is everything here. Acting like the ALJ is not smart enough to come up with a good decision without you telling them what to do brasses of the ALJ.

    4. The state is very clear that this is THEIR decision. Not your decision. Not the employer's decisions. Not the decision of anyone on this website.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Default another question

    Thank you for your timely response. I understand the employer can appeal the referee's decision. However they did not show up to the hearing. Are they still allowed to appeal. Also the employer is stating ( via phone conversation with me awhile ago)that I signed some form. i never filled out any paperwork with payroll company only contractor. At my original phone hearing I stated all the facts and the truth. I was short in my description, polite and truthfull. What can I expect at this "rehearing"?

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    Quote Originally Posted by bsullivan View Post
    I understand the employer can appeal the referee's decision. However they did not show up to the hearing. Are they still allowed to appeal.
    This is 100% the state's decision. If the state feels the employer can challenge, then the employer can challenge. The rules are whatever the ALJ says they are.

    Quote Originally Posted by bsullivan View Post
    Also the employer is stating ( via phone conversation with me awhile ago)that I signed some form. i never filled out any paperwork with payroll company only contractor.
    Good for you. When asked, say that you did not sign any form, and ask the ALJ if can you please see the copy? If the ALJ catches your employer in a lie, that helps you. HOWEVER, you do not get to tell the ALJ what to do. You do not get to interact in any way with the employer.

    Quote Originally Posted by bsullivan View Post
    What can I expect at this "rehearing"?
    You can expect the ALJ to do or say whatever the ALJ wants to do or say. The ALJ has great latitude in THEIR actions.

    If you are trying to come up with some set of rules that the ALJ is subject to, it does not work that way. Each ALJ is a small god within their hearing room. Hence my previous advise about treating them as one.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Unhappy response

    Thank you again. I agree with you. The truth will prevail. I will be polite and to the point and as always very respectful. I just hate the delay in getting my checks. My mortgage company doesn't understand. I haven't received checks since October!

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    Here's some info on UI appeals Fl. if you might like to read it.

    http://www.floridajobs.org/unemploym...resources.html
    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

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    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.

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    Default more info

    Turns out employer is alleging they were never called for the original hearing. Is this excuse enough for a reopening? I know they were called. I was on the line. I also know I worked for the contractor not the payroll company. Any more advice? Hearing is coming up and I am starting to get a little nervous.

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    This last question was answered under your other thread where you also posted
    it. See http://www.laborlawtalk.com/showthread.php?t=278143.
    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.

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