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  1. #1
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    Mar 2015
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    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    The response/reversal was due to the late filing issue. And the employer did not make a stink about it at all. At this point, I would like to reopen because she did accept the medical reasons and confusion of dates for doctors appointments with the due date of the appeal. I concur that he should have made a stink about it being a late filing. He claims that as of April 1, 2014, I was tardy X number of days, but when I submit for past due wages, I submitted records dating back to 2013 showing the tardiness, and he paid me for the dates that could be paid, as they can only go back 2 years from the filing date. So he condoned it. Had I known I needed to bring that as proof that it went back even further than he claims, it may have been no issue at all and never been approved by the Board. I was informed, misinformed actually, that because he misclassified me, I should've been awarded benefits from the word go. They partially paid benefits. I have to locate the letter for the exact verbiage on the reasons they overturned the decision.

  2. #2
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    Jan 2015
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    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    Nobody gives a hoot why you filed late. You just did. Medical reason or not. Your ship has LONG since sailed. You just go on and take it to civil court if you want to. Nobody gives a hoot about the misclassification. As I said, you wouldn't be in any appeals process if you hadn't been determined to be misclassified RIGHT at the beginning of the claim. They do not do appeals of any kind for a 1099. You were pill drunk or sick or too crazy or too tired or too lazy to file a timely appeal. End of story.

  3. #3
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    Mar 2012
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    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    Quote Quoting Irishred111
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    The response/reversal was due to the late filing issue. And the employer did not make a stink about it at all. At this point, I would like to reopen because she did accept the medical reasons and confusion of dates for doctors appointments with the due date of the appeal. I concur that he should have made a stink about it being a late filing.
    Ok, the above is good.

    Now, just make sure you take it to the right place. I don't know what happens at a "reopening" of a BOR appeal. My state doesn't recoginze the concept, and neither does any other state I know of. However, I read the CT UI website, and sure enough it does give you that as a choice. Hopefully, this isn't an either or choice. I'd hate to see you go for a reopening rather than court, and then find out you went the wrong route, and then lose your chance to go to court if you are even inclined to go that far.

    Quote Quoting Irishred111
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    He claims that as of April 1, 2014, I was tardy X number of days, but when I submit for past due wages, I submitted records dating back to 2013 showing the tardiness, and he paid me for the dates that could be paid, as they can only go back 2 years from the filing date. So he condoned it. Had I known I needed to bring that as proof that it went back even further than he claims, it may have been no issue at all and never been approved by the Board. I was informed, misinformed actually, that because he misclassified me, I should've been awarded benefits from the word go. They partially paid benefits. I have to locate the letter for the exact verbiage on the reasons they overturned the decision.
    This is garbage. It has NOTHING to do with why you are not getting benefits. Submitting more evidence on your tardiness at work had nothing to do it with why your appeal REQUEST was late.

  4. #4
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    Jan 2015
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    1,142

    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    Quote Quoting Irishred111
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    The response/reversal was due to the late filing issue. And the employer did not make a stink about it at all. At this point, I would like to reopen because she did accept the medical reasons and confusion of dates for doctors appointments with the due date of the appeal. I concur that he should have made a stink about it being a late filing. He claims that as of April 1, 2014, I was tardy X number of days, but when I submit for past due wages, I submitted records dating back to 2013 showing the tardiness, and he paid me for the dates that could be paid, as they can only go back 2 years from the filing date. So he condoned it. Had I known I needed to bring that as proof that it went back even further than he claims, it may have been no issue at all and never been approved by the Board. I was informed, misinformed actually, that because he misclassified me, I should've been awarded benefits from the word go. They partially paid benefits. I have to locate the letter for the exact verbiage on the reasons they overturned the decision.
    The employer has nothing to do with whether the unemployment system allowed you to do a late filing. The employer knows no more about "late filings" and BOR appeals than you do. You're still not going to be approved and not going to get the late appeal resubmitted, but the thing is, even if you did get the timeliness of appeal issue overturned, ( which I still insist won't happen because your medical excuse for having a late appeal is horse hockey) get the whole claim reopened and re appealed to the BOR, you very likely are not going to win anyhow. You were tardy, the employer fired you for being tardy.

    Yes, if you were informed that you had to be approved for benefits because you were misclassified, you were misinformed. I bet when you find that letter, it will say the employer had a valid misconduct reason to discharge you. Bye bye boat.

  5. #5
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    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    Quote Quoting comment/ator
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    You were tardy, the employer fired you for being tardy.
    I don't think you're getting it.

    He was denied by the deputy.

    He won at the hearing. The ALJ accepted his excuse for the late appeal, and said that the employer condoned the tardies and there was no misconduct.

    The only reason he's not getting benefits now is because the employeR went to the board and was successful at getting them to reject only the late appeal portion of the earlier decision. Since there should have been no hearing, that put the earlier denial back in place.

    If this person fixes only that one "late appeal" issue, then he gets benefits.

  6. #6
    Join Date
    Jan 2015
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    1,142

    Default Re: Misclassified Independent Contractor Denied Unemployment for Tardiness

    This one is truly a headbanger. But my response is that even if, as you've gleaned from this jumbled statement, he did actually win approval, and then the employer appealed to the BOR because of the late appeal, and the claimant was denied benefits because they ruled that he did not file a timely appeal,( whew!) he's still got to re do the appeal, and it sounds like he's dilly dallying about doing that.

    So the claimant is trying to appeal the dismissal decision of the BOR back to the BOR. And he's saying he should have been allowed to file late because of medical issues. He is saying that he has medical excuses to explain why he didn't file a timely appeal. I get that part. I do not see where the employer not "raising a stink" about his late appeal in the hearing was a real telling factor. The employer doesn't have to make his appeal to the BOR in the appeals hearing. I am very surprised that the employer was sharp enough to get that point to the Board of Review for appeal, he must've had some good legal advice between the hearing and the appeal to the BOR. It might be that some one in the the agency noticed this and submitted it to the Board of Review. They do this sometimes, with their own hearing officer's decisions even if the employer doesn't.

    I don't see where there is any great chance of taking it back to the BOR and getting them to overturn the decision denying benefits due to the late appeal, (which made the other decision approving benefits invalid) simply because he has a medical excuse. As I said, in order to have a lot of weight, the medical excuse would have to practically say he was in a coma at the time he should have been appealing. Think how much time effort and energy is involved in contacting the agency any time within 15 days of the decision and saying, "I want to file an appeal."

    With just that he was "on medication" or that he had a doctor's appointment or something I don't see him having any huge decisive excuse that he didn't file an appeal timely. If he was in such bad shape that he couldn't think or do anything during this period when he should've been filing the appeal, then he certainly wasn't really able or available for work anyhow. And how long did this condition last, and is he better now and fully released to work? In any case, we've been wooling over this issue here now for about a week, I hope he's not missed the deadline for this next appeal, wherever he should file it to in Connecticut.

    And taking it to civil court would mean that he is going into a new situation, where the agency would be defending its own decision to deny. And that's going to be tough to do. This claimant seems to be taking a lot of time and blowing a lot of smoke about what he wants to do and what he's going to do and medical papers he's going to get, as if there were no time constraints on this appeal at all and as if dealing with the late appeal would be a complete piece of cake with his medical excuses, but I don't think there's any point in any of it.


    Quote from previous post:
    "At the time that I filed the appeal, I was on two different medications and was/continue to be suffering from sleep deprivation, which is well documented. So if I wrote that it fell by the wayside and then during the hearing noted I mixed up the dates at the bottom/didn't see correctly because everything else was done in business days, not calendar days, so I made an improper assumption based on appointments that I had and what I read, combined with pain meds and muscle relaxants. Not sure that even if I submit this that the board of appeals will accept it."

    This is exactly what I am saying.

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