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Employeer Appeals Unemployement Late Florida

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  • Employeer Appeals Unemployement Late Florida

    I was terminated back in December from an Orlando company. I waited about 3 months, trying to find a job and living off of my savings before filing for employement. I applied and was accepted for umemployement. Eventually my ex-employeer appealed the decision but was 2 days late (from the 20 day appeal window). This is proven on the fax they sent to appeal. I ended up calling the Unemployment Agency to make sure they hadn't done it online first and then faxed, and sure enough they didn't.

    On the original appeal notice I got, timeliness of the appeal was not an issue. I called them a couple times wondering why this appeal was even being HEARD because they were late and I was told that the referee would have to make a determination on the timeliness at the hearing itself.

    My employer ended up asking for a continuation before the original hearing because "the representative would not be available for the hearing" (or so I was told by the Unemployment Offices). Upon recieving my second appeal notice (stating the new date for the hearing), timeliness of the appeal magically showed up on the Issues list.

    More so than the actual appeal hearing (which is scheduled for next week), I'm more curious as to what this "good cause" portion of the appeals process it. It states unless there is "good cause", a determination will be FINAL 20 days from the mailing date of the determination. As an employer, what constitutes "good cause"?

    I appreciate any help you can give. Thanks!

  • #2
    "Good Cause" is whatever the hearing official deems it to be. There isn't a set list.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      More so than the actual appeal hearing (which is scheduled for next week), I'm more curious as to what this "good cause" portion of the appeals process it. It states unless there is "good cause", a determination will be FINAL 20 days from the mailing date of the determination. As an employer, what constitutes "good cause"? I'm assuming you're referring to any "good cause" the employer has for submitting the appeal late. Frankly, there aren't too many reasons the State will accept for the employer appealing late. As ElleMD commented, it's whatever the ALJ decides (within the parameters of what the law dictates) but I can't think of a reason that the State will accept, barring some disaster such as the place was shut down for a week due to a fire, chemical spill, etc.

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      • #4
        Originally posted by ElleMD View Post
        "Good Cause" is whatever the hearing official deems it to be. There isn't a set list.
        Well I guess that explains why the hearing is still scheduled. Guess they handle it on a case-by-case basis instead of just saying "no, its late, appeal denied." You'd think they'd follow up with it after getting an appeal late, save both parties involved alot of time and energy if there isnt a good cause to begin with.

        Thanks for the info Beth3. That was kinda on the same track I was thinking but wanted to make sure. Knowing the department and company (working in IT lets you see alot of different departments and how they work or how WELL they work) it's more than likely someone just left the papers on their desk for too long.

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