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Georgia Dept of Labor breaking rules!!!??!?

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isc

Member
What is the name of your state? atl ga.....

Well i got fired early this year and went through all the procedures and during the second procedure when we requested a in person hearing and the company didnt show they awarded me unemployment ..... but i remebering the lady saying at the beginning of the hearing that there was only one last time that the company could appeal this situation and if they did that nobody would meet up again but G.D.L would go through the evidence that they gathered so far and make a final desision on that. Well what happen is i just got a not talking about that i have a telephone hearing sept 7th. My thing is that this is suppose to be over so what i did is read the paper all the way through. I read this little part saying that if the company " has shown good cause to the dept to reopen the hearing and has filed the petiton to reopen " I KNOW THATS BULL****........ then whats insulting is they said that if the company wins this time that i would have to pay back the pass monies that they paid me.... !!!! THEY AINT GETTING SHHHHHHH !!!!! i dont wanna even deal with this no more .... i already lost a nice paying job and now they badgering me over a little bit !!!! & I MEAN LITTLE BIT !!!!! of unemployment.!!!!!! i have to call them tomorrow but i no they cant do this....... can someone help me out
 


Beth3

Senior Member
If GA's UC Division ruled the employer showed good cause to miss the prior hearing, then that's their decision. I suppose you can file for a hearing with the State to challenge their decision but it's quite unlikely that that will be overruled. There are only very limited reasons why a late appeal will be accepted and the reasons are scruitinized carefully. Your employer has met that threshhold.

You can swear all you want but those are the facts. If you don't show up at this hearing, the State will only consider whatever evidence your employer presents which very likely means you'll lose and have to pay back the UC benefits you've received so far.
 

isc

Member
but that dont make senese i have never heard of that.... if i was in the same postition then they wouldnt let me reopen the case. I really dont feel like going though this whole thing again because truthfully i believe the GDL is on the businesses side and was gonna let the company win even though they had no evidense of what i done but since they didnt show up to the in person hearing that day they kinda didnt have a choice but to give it to me. But my thing is i wasted 3 months fighting my heart out just to get a little bit of money a week and they trying to get that from me i dont see the deal since the company is a big conglom and dont miss it none. Also since i dont have a job and theres none around here they wont be getting any money from me not counting it was GDL that gave me the money so its their mistake not mine
 

cbg

I'm a Northern Girl
I don't know where so many people get the idea that as long as it was the other person's mistake, the law should let them keep money they are not entitled to.

The GA DOL is not breaking any laws. It is their perogative to determine whether EITHER party (that means you as well as your employer) had a good reason under state standards to miss a hearing, and to allow an appeal of the decision on that basis.
 

Beth3

Senior Member
but that dont make senese i have never heard of that.... Just because you haven't heard of that doesn't mean it isn't allowed in the law.

if i was in the same postition then they wouldnt let me reopen the case. They would if you had a compelling reason for missing the hearing that met the criteria allowed for in your State's UC reg's.

i believe the GDL is on the businesses side and was gonna let the company win even though they had no evidense of what i done Okay, you're entitled to your opinion but I've been to more than enough UC hearings to know that the State and the Adjudicator aren't on ANYBODY's side. They review the facts of the separation and make a decision based on unempoyment laws. Period.

but since they didnt show up to the in person hearing that day they kinda didnt have a choice but to give it to me. Yes, they did. There are many reasons why they still could have denied benefits even if the employer didn't show up.

i dont see the deal since the company is a big conglom and dont miss it none. Unemployment benefits are funded by a payroll tax paid by employers. The more claims against their account, the higher the taxes they pay. If you ran your own company, I assure you you'd pay attention to any and all taxes you had to pay regardless of how big the company was.

I'm not unsympathetic to your situation - you're unemployed at the moment and need the money. But the reality is that the State has granted a re-hearing and you HAVE to attend if you want a decent chance of UC benefits continuing to be paid. If you don't agree with the State's decision to grant a new hearing, you can appeal that with the State.
 

isc

Member
ok, i called and talk to someone and they told me that this hearing is the company explaining why they didnt show up that day and that they would have to give a good reason for not being at the inperson hearing. They said from there a person will make a decision if not to carry on the case or not. My thing is that i remeber getting a letter (GDL sends when someone trys to appeal) when they said they was gonna try to appeal about that day but i have 2 things about that. First they sent the GDL a letter asking to postpone the hearing but the GDL said no and they would have to be there on that particular date. My thing is they said no then why let them apeal it ???? it sounded like they made their decision then. Secondly (in another letter) GDL said the reason they didnt show up is because that supervisor was on vacation that week. Well that was memorial day weekend and i canceled my plans so why couldnt he???? So do it even sound like the arbitrator will be on the company side??? Also any hints or suggestions of things to say and what not to say ????
 

cbg

I'm a Northern Girl
No, it does not sound as if the adjudicator is automatically going to side with the company. But since you've already made up your mind that that's what's going to happen, I sincerely doubt you'd pay any attention to anything I have to say. Therefore, I'm not going to say anything.
 

isc

Member
just want to know if anyone else have some suggestions what i need to do when i get on this call ???????
 

Beth3

Senior Member
My thing is they said no then why let them apeal it ???? Because UC regulations allow them to do so. These aren't arbitrary decisions being made by the UC Division - they're following the appeals process laid out in State regulations. If you had missed the hearing, benefits had been denied, and wanted to appeal their decision not to reopen your claim, you'd have the right to file for a hearing as well.

Secondly (in another letter) GDL said the reason they didnt show up is because that supervisor was on vacation that week. Well that was memorial day weekend and i canceled my plans so why couldnt he???? I can't imagine the UC Division will consider that "good cause" to fail to appear at the hearing. Inconvenience is not a reason the State will accept. (Now if he'd been in the hospital, that would be different.)

So do it even sound like the arbitrator will be on the company side??? Enough of this already. I've already explained the arbitrator isn't on ANYONE'S side.

Also any hints or suggestions of things to say and what not to say ???? I don't see that you need to be involved at all. At this hearing, the ALJ won't be hearing the merits of the case. They'll be reviewing the State's decision not to allow the employer to request the claim be reopened. It's between the employer and the State and doesn't involve you at this stage. You have the right to be present but since the issue being heard isn't your eligibilty for benefits but rather the employer is appealing the State's decision not to reopen the claim, you won't have anything pertinent to say.
 

isc

Member
Beth3 said:
My thing is they said no then why let them apeal it ???? Because UC regulations allow them to do so. These aren't arbitrary decisions being made by the UC Division - they're following the appeals process laid out in State regulations. If you had missed the hearing, benefits had been denied, and wanted to appeal their decision not to reopen your claim, you'd have the right to file for a hearing as well.

Secondly (in another letter) GDL said the reason they didnt show up is because that supervisor was on vacation that week. Well that was memorial day weekend and i canceled my plans so why couldnt he???? I can't imagine the UC Division will consider that "good cause" to fail to appear at the hearing. Inconvenience is not a reason the State will accept. (Now if he'd been in the hospital, that would be different.)

So do it even sound like the arbitrator will be on the company side??? Enough of this already. I've already explained the arbitrator isn't on ANYONE'S side.

Also any hints or suggestions of things to say and what not to say ???? I don't see that you need to be involved at all. At this hearing, the ALJ won't be hearing the merits of the case. They'll be reviewing the State's decision not to allow the employer to request the claim be reopened. It's between the employer and the State and doesn't involve you at this stage. You have the right to be present but since the issue being heard isn't your eligibilty for benefits but rather the employer is appealing the State's decision not to reopen the claim, you won't have anything pertinent to say.

thanks beth for the advice i appreciate it. Also i did notice you said that the arbitrator is not on someone side, but when the company doesnt have evidence of what you did. You have evidence that you didnt do it but they wont let you bring it into the case then rule on the companys side then thats would run through the persons mind. I do appreciate your help though, just angry and nervous right now. Shouldnt be going through this for just pennys a week especially when it isnt my fault i dont have a job.
 

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