Is this normal procedure?

[GonzoFL]

What is the name of your state: Florida

I am writing on behalf of a friend. She won her appeal for unemployment benefits. At the hearing(phone) her former employer didn't show up. The referee conducted the hearing. The referee ruled in my friends favor and reversed the original denial. The former employer has now applied for and has been granted a re-hearing which will take place on 11/2/09. My question is,is it normal for my friends benefits to now stop because a re-hearing has been approved? Thank you.

 

[commentator]

Well, actually, having won the decision, it would be customary for her benefits to begin now. That said, if they have come up with some wonderful reason why they could not attend the hearing (their building was bombed, for example) and they have realy excellent proof or evidence which will be heard at the next hearing, she might end up having to pay back everything she has received.

I hope she is filing for each week that passes, so if this issue is resolved in her favor, she will receive back pay for all these weeks.

What I would do if I were she, is call the appeals tribunal number which is on her notice of the next hearing and ask them, very specifically, if she is not supposed to begin receiving benefits at this point, since she has this decision, dated xx/xx/xx which says her benefits are approved? It may be a case of a tiny switch that should have been flipped not being flipped. I am really interested in the fact that they let the employer reschedule this way after the fact, it isn't a common thing.

 

[GonzoFL]

Thanks commentator for your reply. After she won her appeal,she was paid her back benefits and was then receiving her bi weekly benefits as usual. Once this re-hearing was granted,the benefits stopped. Just a while ago,she received a return call from Florida AWI(she has been calling them for days and they finally got back to her) AWI stated that even though she won her appeal and since the former employer has filed for a re-hearing and the hearing was granted,the case resorts back to DENIED status. Any thoughts on that? Thanks.

 

[mlane58]

I am really interested in the fact that they let the employer reschedule this way after the fact, it isn't a common thing.

It happens a lot more than you think. In all my years dealing with unemployment appeal hearins, I have had numerous times when I never recieved a notice of the appeal or I have requested a change in the date of the hearing, gotten it approved and the hearing officer forgot.

 

[GonzoFL]

It happens a lot more than you think. In all my years dealing with unemployment appeal hearins, I have had numerous times when I never recieved a notice of the appeal or I have requested a change in the date of the hearing, gotten it approved and the hearing officer forgot.

I have no doubt that that happens. At the appeal,the referee told my friend that her former employer had not provided any contact information to the clerk. How can that be? When the former employer filled out the paper work that originally got the claim denied ,contact info was provided then. When the appellant filed her appeal,former employer contact info was provided. So maybe Florida AWI screwed up and that's why the re-hearing was granted.

 

[mlane58]

I have no doubt that that happens. At the appeal,the referee told my friend that her former employer had not provided any contact information to the clerk. How can that be? When the former employer filled out the paper work that originally got the claim denied ,contact info was provided then. When the appellant filed her appeal,former employer contact info was provided. So maybe Florida AWI screwed up and that's why the re-hearing was granted.

Anything is possible, but only the Hearing Officer knows why the employer was granted a re-hearing.

 

[GonzoFL]

The real sad part is that you can again be denied your benefits because a re-hearing was allowed. I understand the process,but I would think that if you have won the initial appeal,you should be allowed benefits until the outcome of the new hearing is decided. They don't stop your benefits if you win your first appeal and your former employer appeals that decision. I know that the world isn't fair,but this is just wrong.

 

[GonzoFL]

A new development: Got the official notice of re-hearing just a few min.'s ago. The reason it states that re-hearing is granted is become the former employer said she had the swine flu. What the hell happened to the referee's excuse of having no contact info for the employer? This just gets more insane by the day. If the employer was truly ill,she could have either made arrangements to have someone else attend the hearing or should have notified the appeals office before the hearing of her inability to attend. No wait till after the fact.

 

[eerelations]

Many (like most) swine flu sufferers are unconscious for much of the time that they're ill. Maybe she was physically unable to arrange for a substitute or a postponement.

 

[mlane58]

A new development: Got the official notice of re-hearing just a few min.'s ago. The reason it states that re-hearing is granted is become the former employer said she had the swine flu. What the hell happened to the referee's excuse of having no contact info for the employer? This just gets more insane by the day. If the employer was truly ill,she could have either made arrangements to have someone else attend the hearing or should have notified the appeals office before the hearing of her inability to attend. No wait till after the fact.

And if you were in that same situation, I believe you would want the same consideration, wouldn't you?

 

[commentator]

As I always say about absenteeism, the excuse of being sick with a doctor's note may not keep you from being terminated, but it carries a lot of weight in unemployment issues.

The general practice idea is that one cannot help being sick. If an employer OR a claimant calls in and asks that the hearing be rescheduled because they have swine flu, they're probably going to get what they ask for. (Especially in today's epidemic climate!)

And remember, stopping the claim may be rough right now, but if the decision does go against you, you would have a big old overpayment to worry about later, so in the long run, getting the money as a lump sum later is probably the safest way to go. Remember, unemployment insurance benefits are not intended as a income maintenance program, you can't sue for them if you don't get them or expect them to arrive on a weekly basis so you'll have something to live on, they're something you are entitled to once all decisions are made.