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  1. #1

    Default Employer Appeals Unemployment Award but Doesn't Attend Phone Hearing

    My question involves unemployment benefits for the state of: Florida

    I filed for unemployment here in Florida in early November 2009 and received a letter determining I was eligible in early December.

    My employer waited almost the full 20 day window to file an appeal. I received a letter in mid-January advising a telephone hearing was scheduled for this past Wednesday.

    Well, the hearing was scheduled at 8am and the unemployment ref called me but got no answer at the number the employer gave to be contacted. So he told me he will give them 10 minutes and try again. About 15 minutes later he calls me again and tells me he is still unable to reach anyone at the employer. He then advises me I'll receive a determination in the mail.

    No questions were asked of me at all in this hearing. However when I got a letter in the mail 4 today, instead of a determination, it says that it will be rescheduled for a later date and I'll be contacted to advise of when.

    It's been over 3 months since I filed, was found to be eligible, have not received a single cent and my employer doesn't attend the appeal hearing THEY filed. Is this legal? I can't believe this! And no one at the unemployment office cares! What can I do?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Florida: Employer Appeals but Doesn't Attend Phone Hearing

    Since the ex-employer didn't "show", unless they can prove some dire emergency that prevented it, all the hearing officer has to go on is the information already provided. It is up the appealing party to prove to the satisfaction of the hearing officer that the original determination should be reversed. You can a pretty good chance of prevailing.

  3. #3

    Default Re: Florida: Employer Appeals but Doesn't Attend Phone Hearing

    Quote Quoting PattyPA
    View Post
    Since the ex-employer didn't "show", unless they can prove some dire emergency that prevented it, all the hearing officer has to go on is the information already provided. It is up the appealing party to prove to the satisfaction of the hearing officer that the original determination should be reversed. You can a pretty good chance of prevailing.
    But what can I do? The hearing officer sent me a letter stating the hearing will be on a future date instead of an actual determination. I thought that the party who files the appeal but fails to "show" means the appeal is dismissed. I was approved for benefits to start with but now more than 3 months later not a dime and now I'm waiting indefinitely it seems.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Florida: Employer Appeals but Doesn't Attend Phone Hearing

    YOU can't do anything at this point. You wait for the determination. Since the employer did not show, the commission will make its decision based on the information they have. Not showing does not automatically dismiss the appeal.

  5. #5

    Default Re: Florida: Employer Appeals but Doesn't Attend Phone Hearing

    Quote Quoting PattyPA
    View Post
    YOU can't do anything at this point. You wait for the determination. Since the employer did not show, the commission will make its decision based on the information they have. Not showing does not automatically dismiss the appeal.
    But what they sent me only states that a NEW hearing will be rescheduled at some point in the future. It's like they are giving this employer all the time in the world here. This hearing date was setup almost a mont and a half after we got notice of it already and I don't think it is fair to have me continue to wait like this. There has to be some violation of protocol here!

  6. #6
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Employer Appeals Unemployment Award but Doesn't Attend Phone Hearing

    All right, then the employer probably had a good enough excuse why they didn't show.

    I have no way of knowing why the extension was allowed.

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