Unemployment Hearing Notice

[blondietink]

Today in the mail I received a notice that I have an unemployment hearing next week. Now, I received unemployment for approximately 11 weeks last summer and one of the employers, a school, asked for a hearing because they didn't feel they should pay me unemployment. Since mid-September, I have been working at another job 5 days a week and have not claimed any unemployment. I was quite surprised to receive this notice in the mail today. I don't think the educational institution has a prayer in this matter, as they claimed they had offered me a job this school year and I would make 90% of what I made last year. Well, last year they never called me to be a home tutor and I made nothing off of them, and they still haven't called me this year to be a home tutor. So, I don't see how they can claim that they had a bonafide offer of a job.

The job I currently have includes no benefits, and apparently I am supposed to take unpaid time off work to attend this hearing which is located over an hour from my house in each direction. Are they crazy? Does anybody know if I can ask attend the hearing via telephone so I won't miss work?

 

[eyor44]

Did the notice have a phone number on it? Perhaps you can call and they can advise if you physically have to be there or not.

Perhaps you can request to be reimbursed from the school district for forcing you to miss work for this? Not sure how you would go about it, but at the hearing I would make sure the judge understands you had to miss work without pay.

Hope everything works out.

 

[Arielle22]

Unfortunately most unemployment offices are backed up for months. So hearings are taking a long time.

If you don't attend the hearing it will go on without you. The other side will present evidence and a decision will be made. If you lose you will have to repay unemployment benefits you received.

The other side is following the law regarding appeals and they will not be ordered to pay you for your time. Just as if you appealed you would not have to pay the employer for attending.

You need to look at the time period your base period contains. At some point during your base period for benefits you worked at the school. Was that the last employer you worked for during the base period? If they were not your last employer then the school may be relieved of paying your benefits but you still would not have to repay the benefits.

Some states allow phone hearings and others do not. As the PP said, read over the notice you received for instructions.

 

[blondietink]

Actually, the home tutoring job was my 2nd part-time job and only figures in about 1/4 of the total amount I earned during the calender quarter that unemployment counted. I also was able to get them to give me a phone hearing next week, but they will only call me at home, not my place of employment. At least now I can just take my lunch break early to handle the hearing at home.

I did some checking today on unemployment law, and I think I have a good case and can cite some others that have ruled in the employee's favor about "reasonable assurance". Even though I have been on the home tutoring list for years, during the last 2 school years they have not called me at all, even though in another's school's email in January there was a notice that they were looking for home tutors. I wish I had thought to copy that email. Apparently they have no written policy on what order they call home tutors and how they can give us "reasonable assurance" of being called to work. At this point, even if they did call, I couldn't do it because of the hours I work at my other job and the fact that there needs to be an adult in the student's home when the tutor is there. It can be hard enough to coordinate when I am not working the crazy hours I am currently working. And in the paperwork I received for the hearing, the school admitted that they had not called me at all the previous school year. Wait until the Administrative Law Judge finds out that they have not called me at all this school year, either!

 

[quentina]

Make sure you go to the hearing. I am a HR rep for 145 C-stores....I am at UC hearings on a regular basis (at least 2 per week).

Can you look in your deleted box for the email from the school?

Are they appealing your UC charges or a denial on a relief of benefits? Read the wording on the hearing notice closely.

PM me if you have specific questions.

 

[blondietink]

They are appealing the determination that unemployment made last summer that section 580.10 & 590.11 of the unemployment laws did not apply in my case. Those sections only apply to educational institutions and that whole "reasonable assurance" clause.

 

[disneymarie]

Today in the mail I received a notice that I have an unemployment hearing next week. Now, I received unemployment for approximately 11 weeks last summer and one of the employers, a school, asked for a hearing because they didn't feel they should pay me unemployment. Since mid-September, I have been working at another job 5 days a week and have not claimed any unemployment. I was quite surprised to receive this notice in the mail today. I don't think the educational institution has a prayer in this matter, as they claimed they had offered me a job this school year and I would make 90% of what I made last year. Well, last year they never called me to be a home tutor and I made nothing off of them, and they still haven't called me this year to be a home tutor. So, I don't see how they can claim that they had a bonafide offer of a job.

The job I currently have includes no benefits, and apparently I am supposed to take unpaid time off work to attend this hearing which is located over an hour from my house in each direction. Are they crazy? Does anybody know if I can ask attend the hearing via telephone so I won't miss work?

From our experience the two times this came up., the employer was banking that you would not show up. I do not believe they will hold the hearing by phone. It is fairly cut and dry. explain your situation as it happen. More them likely THEY will not show up.

On both occasions that is what happened in our family and went to a favorable decision.
From what I recall they has a period time to respond and when they don't the UC makes a decision as you did receive benefits at that time. Now to wait until you are working, is a game I feel.

Both times the family members did not take an attorney.
Good luck.