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  1. #1

    Default Denied Unemployment, Won Appeal and Got Back Pay, Now Employer Filing Appeal

    My question involves unemployment benefits for the state of: Nevada

    Nevada is a an "At Will" state. I was declined unemployment benefits after being terminated by employer for violation of attendance policy and poor performance. The original denial letter came late. I appealed and had to show proof that the denial letter arrived late and that I had had not willfully through misconduct gotten myself fired so I could collect unemployment. I won the appeal and received back pay which was almost all my benefits. Now the employer has filed an appeal. The letter from unemployment states that no new evidence can be submitted but one of the complaints by the employer is that they had not been able to submit further evidence because they submitted it too late. And that my immediate supervisor was not allowed to testify. I sent in a letter to unemployment agreeing with the findings of the previous appeal decision and while they were not allowed to provide further information during the appeal the referee allowed them to talk about it and asked me questions regarding the information. Now I have to have another phone interview in the next couple of weeks. What can I expect? They were able to sneak in the information before even though it had not been submitted. They have submitted 30 pages of new evidence that I have not seen. Will they be allowed to talk about this new information? If I lose will I have to pay back the money? I have never been dismissed from a job. Finding work with a termination on your record has not been easy. They continue to cause emotional distress. I was the highest paid position for my classification. The training was terrible. Only when you made mistakes did you get called into the office and then was not told what the mistakes were. Fear of being terminated was an everyday occurrence no matter how hard I tried. Once terminated my position was replaced by a intern who receives way less salary.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Denied Unemployment, Won Appeal and Got Back Pay, Now Employer Filing Appeal

    There's a piece missing from your story. After an appeal before a hearing officer, tribunal judge, or ALJ, that is it. No new testimony can be submitted by either party. Your employer reappealing is to the board of review.

    So, the way I understand the system, your phone interview that is coming up is not a new hearing but is about some other issue. If your employer prevailed at the board of review, then that is a different story, and you should have received a new hearing notice that should tell you what the issues are that are going to be discussed.

    So, the questions are: Did you receive a new hearing notice? Did you receive a determination from the board of review that allowed a rehearing in this matter?

    You never really say if you were only advised that the employer is appealing to the board of review, or if the board of review has ruled on this matter. Statistically speaking, the board of review affirms tribunal decisions and nothing changes.

    If you lose at any point in the process, you can be asked to pay back the benefits that you received, but you can worry about that when it actually happens.

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