I got UI-employer appeals, now what?

[MELVON]

What is the name of your state? New York

I was granted umemployment benefits after my phone interview with the claims examiner. I faxed the claims dept. a copy of a letter I had written to the EEOC describing my reasons for leaving along with documented incidents. The EEOC sent me all this paperwork I need to mail out, but in the intrem, I just received a letter from a lawyers office stating that my former employer is appealing my case, because 1. I voluntarily left. 2. denies all allegations of perverse sexual harassment and discrimination and 3. he wasn't granted due cause.

How should I go about this now? Should I contact the EEOC for advise? DO I just wait now for a hearing? What if I'm moving to another state and can't be at the hearing in person, would they grant me a hearing over the phone?

This is the first time going thru this. Not sure what to do.

 

[cbg]

I remember your original post. I'm not surprised your employer is appealing; though I believe I told you that you had a good a chance of prevailing in getting benefits despite the fact that you quit (and congratulations), you're one of a very few; in the VERY large majority of cases if you quit you don't get benefits. Though I'm not surprised that you were able to collect anyway, you represent a VERY small fraction of the population. I'm sure your employers thought they had a slam dunk certainty of winning and are utterly astounded that they didn't.

The law gives them the absolute right to appeal; just as you would have had the absolute right to appeal had they prevailed.

The EEOC has nothing to do with your unemployment claim. It may have been a copy of your letter that helped you prevail, but they have a very limited jurisdiction and they are upheld with enforcing Federal discrimination laws. Unemployment law is state, not Federal, and does not relate to the discrimination law at all. So no, I don't think you should ask them for help. There will be a hearing; you will be notified of the date and time. I can't answer the question about what they will do if you are moving out of state; you'll have to ask them about that. While unemployment hearings are specifcially set up so that you don't need an attorney, you most certainly can consult with one ahead of time and see whether, in his/her opinion, you should be represented at the hearing.

Good luck and keep us posted.

 

[MELVON]

Thanks for the congrats. It's just odd how the letter I received was from the office of my employers lawyers when normally you get a letter from UE. He sent the Dept. of Labor the same copy, but I have not received anything from Unemployment stating that he's appealed. I'm just confused about the whole process. I guess I'll wait to see if I get something in the mail from them. I thank you for your time and advice I will keep you posted!

 

[cbg]

The unemployment office will be the one to notify you of the hearing.

However, if I were you, I'd give them a call on Tuesday just to tell them that you've received a letter from your employer stating that he's appealing and is that reflected in your file. You don't want to lose by default because of a screw up with the mail or something stupid like that.