Unemployment Benefit Help Please

[needhelp29]

Thanks so much for your time and patience.

[commentator]

Banned Princess-- while we can have very strong suspicions about how an appeal is going to come out or what a decision is going to be, in unemployment insurance there always may be side issues we do not know about (as I mentioned, the practice of not showing up and not calling in might be common in this business, in which case, the person would not have been instantly denied.) The company may have been getting ready to shut down, and had already told everyone they were about to be laid off due to lack of work, it was up to them if they wanted to come in or not. Many things might be in play here that we don't have the opportunity to hear about or ask about.

Therefore, I certainly would never tell someone to forget about filing an appeal. If I were he/she I would most definitely mail back in the questionnaire that came to him as a part of the initial decision making process. This person has not even gotten the initial decision refusing benefits right now, they are just doing the 'fact finding' for the claim. After that decision is issued, either the person or company will have the option of filing a request for an appeal hearing.

Appeal hearings are free, they are not designed to be humiliating processes, and it will, certainly, postpone the time when the overpayment is set up, thus giving the person a little more time to find another job and be able to pay it off. (This assuming he does lose the appeal.)

That said, what you have described to the OP is an "in person" hearing, which is one small side of the elephant's back leg in one state. There could very well be a telephone hearing, there could very well be a lawyer present for you if you elect to have one, and the person conducting the hearing is VERY rarely a judge, though they do try to have experienced referees, which are often attorneys to hear the cases.

While we may read something here and decide that a person is Sorta Outa Luck, I would never advise anyone not to follow through and work it out with their state's system.

[Banned_Princess]

Originally Posted by commentator

Banned Princess-- while we can have very strong suspicions about how an appeal is going to come out or what a decision is going to be, in unemployment insurance there always may be side issues we do not know about (as I mentioned, the practice of not showing up and not calling in might be common in this business, in which case, the person would not have been instantly denied.)

Therefore, I certainly would never tell someone to forget about filing an appeal. If I were he/she I would most definitely mail back in the questionnaire that came to him as a part of the initial decision making process. This person has not even gotten the initial decision refusing benefits right now, they are just doing the 'fact finding' for the claim.

Appeals are free, they are not designed to be humiliating processes, and it will, certainly, postpone the time when the overpayment is set up, thus giving the person a little more time to find another job and be able to pay it off. (This assuming he does lose the appeal.)

That said, what you have described to the OP is an "in person" hearing, which is one small side of the elephant's back leg in one state. There could very well be a telephone hearing, there could very well be a lawyer present for you if you elect to have one, and the person conducting the hearing is VERY rarely a judge, though they do try to have experienced referees, which are often attorneys to hear the cases.

While we may read something here and decide that a person is Sorta Outa Luck, I would never advise anyone not to follow through and work it out with their state's system.

I repeatedly told this poster I was not going to comment on weather or not she would win. I told her at any point she can change her mind if she choses to do so She wanted to know what would happen if she did not comply with whatever the NYSDOL wanted and I replied that they would deny her claim which is totally true. I described the appeal as I have experienced it to be here in NY. and I wished her luck.

She is always welcome to consult and be represented by a lawyer this is America. I was not the one who said that it would not be worth it to appeal the decision, and in order for there to be a appeal she would have had to get her denial, not just a "fact finding exploration" appeals are not part of fact finding. on the part of NYSDOL.

If the employer said she quit, then NYSDOL says she quit and it is up to her to convince them otherwise.

Hence the appeal.

Now your points are taken, but it is not necessary for you to direct your points at me, I won my appeal. and I was clear that I WAS NOT GOING TO COMMENT ON WHAT I THOUGHT Her outcome WOULD be. Thats it.

[commentator]

"If the employer said she quit, then NYSDOL said she quit and it is up to her to convince them otherwise."

Not exactly. If the claimant said she was laid off, and the employer said she quit, then the NYSDOL, having received two conflicting pieces of information about the separation, would do a fact finding investigation before they issue an initial determination. They do not automatically assume the employer is telling the truth or that the claimant is lying, and therefore must convince them of anything.

But I certainly know what questionnaire this person is talking about. And THEY WILL DENY YOU in all caps sort of sounds like a strong prediction to me.

[Banned_Princess]

Originally Posted by commentator

"If the employer said she quit, then NYSDOL said she quit and it is up to her to convince them otherwise."

Not exactly. If the claimant said she was laid off, and the employer said she quit, then the NYSDOL, having received two conflicting pieces of information about the separation, would do a fact finding investigation before they issue an initial determination. They do not automatically assume the employer is telling the truth or that the claimant is lying, and therefore must convince them of anything.

But I certainly know what questionnaire this person is talking about. And THEY WILL DENY YOU in all caps sort of sounds like a strong prediction to me.

It is on each piece of mail that NYSDOL sends a claimant that failure to return any documentation, questionnaires, or requests from the DOL will result in the denial of benefits. She can not decide she does or does not want to do something. if they send it and she wants benefits she has to do it and send it back in a timely manor.

I should also said they may suspend her payments until she complies. They do that too.

[jsvale]

Well - I am an unemployment cost control expert... Can you believe that.

No call, No show, .. = No benefits..

But don't give up.. The ALJ (Administrative Law Judge) usually get's it wrong...

If you work for a large company, they probably have an unemployment vendor such as TALX or Barnett Associates.

You will be less likely to prevail if this is the case.

If they don't they may not even take the time to attend the hearing...