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  1. #1
    Join Date
    Mar 2011

    Default Employer Appealed Benefits, Didn't Know Precedents, He Won, 4 Days to Appeal or Repay

    My question involves unemployment benefits for the state of:New mexico. Did not get hearing notice til 2 days before hearing. Was overwhelmed. I just said what happened. I was very naive. Now I've had time to understand, but maybe too late! I can only appeal the record, cannot introduce new evidence. I'm fighting "voluntary quit, without good cause". Gotta be pregnant to beat it. I was sick with flu, absent 4 days, always called in, saw doc, day 4 I did not punch in, just wanted to show them how sick I was, show note from doc, show I wanted to keep my job, but warned I'm violating new employee training policy. Asked will you work today, l can't, too sick. Told quit or you will be fired. Stated at hearing felt threatened and scared. Was told, if you don't quit, you will be fired and never be able to work as this again. I reluctantly quit to cooperate with hopes of being reemployed soon. Employer brought ploicy I saw and signed once over a year ago. Never provided me with document 48 hrs prior. I brought it up at hearing, judge recieved copy, I said why didn't I get one? Told I was sopposed to call. ???? Will appeal on: decision ruling Section 51-1-7(A)(1) is in error, (I won't say why because they could make a decision on that), and due process violation under 11.3.500.10, etc., etc. of giving judge doc.s and not me. Big no-no here. Decision was mostly based on policy doc. not given to me 48 hrs prior to hearing. Hoping to get de novo hearing or at least back to level 1 hearing, and defend with "resignation in lieu of discharge". Employer was moving factor. No willfull misconduct. Am I on the right track. If I loose appeal, It's over. Can I do anything else. I'm studying precedents till I'm blind. If I only knew this all this stuff in time for that first hearing, but now? HELP?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Employer Appealed Benefits, Didn't Know Precedents, He Won, 4 Days to Appeal or R

    What evidence did you fail to introduce at the hearing that you now want to introduce?

    Did you state on the record that you hadn't been served with the documents prior to the hearing? Is there a 'proof of service' in the court record indicating when and how you were (supposedly) served - if so, it says that service was made by what means (e.g., "first class mail") how many days before the hearing? How did the late provision of the document materially affect your case - after all, you signed a copy back when you were working for the employer, so you presumably knew what the policy was.

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