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  1. #51
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: To Call or Not to Call

    If the examiner wrote that statement without getting into legal specifics, it sounds like she was trying to write a decision that would be more difficult for the employer to challenge on appeal. If the examiner wrote an opinion that interpreted the law, she would risk being reversed based on a challenge of that interpretation, but it's much more difficult to dispute a finding predicated upon an employer's failure to adequately respond (or respond at all) to the facts as presented by the former employee.

  2. #52

    Default Re: To Call or Not to Call

    Thank you Mr Knowitall -- can you clarify that last part though? Meaning what in detail ? I am trying to get opinions in terms of how likely it is the employer would even appeal after losing to the Examiner on this case -- I will copy the letter word for word when I get home too!

  3. #53
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,209

    Default Re: To Call or Not to Call

    There really isn't any way to gauge how likely any given employer is to appeal a decision.

  4. #54

    Default Re: To Call or Not to Call

    I figured as much. Thought I would ask. :-) If and when they did, at that point the burden of proof is on them, correct? Seeing as the Examiner found in favor of my good cause quit

  5. #55
    Join Date
    Mar 2012
    Posts
    1,337

    Default Re: To Call or Not to Call

    Quote Quoting Joeyzoom
    View Post
    If and when they did, at that point the burden of proof is on them, correct?
    No, you quit, and you continue to carry the burden throughout the next appeal. AFTER an appeal hearing and a favorable decision, then things would be sort of in your favor because the board generally won't disturb the findings of fact.

  6. #56

    Default Re: To Call or Not to Call

    Got ya. Well I will keep that in mind if it comes to that ! Either way, I have my cavalry waiting. I think everyone going through this should be pre-emptively prepared.

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