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  1. #1
    Join Date
    Mar 2012
    Posts
    1,360

    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.

  2. #2
    Join Date
    Jan 2015
    Posts
    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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