Why would someone file an unemployment appeal?

[Azrael]

My mother in law just lost her job after 15 years. Her employer retired and sold the business and another owner came in. She was let go within 7 weeks because he wanted to bring in one of "his people" from another location. Anyway, she filed unemployment right away and it was decided there was no misconduct or anything along those lines. She has received two payments already. Today she was notified by mail that the company has filed an appeal with unemployment. She is distraught! She is relying on this money until she can find another job. She is afraid nobody else will hire her because of her age. She doesn't know what she wants to do for a job; she simply knows she needs one. Now she has to wait until she receives a letter with a date she has to show up in the inner city for an appeal hearing.

Why would this company file an appeal? She didn't do anything wrong and this is giving her such anxiety. What are the chances she would lose this hearing? Firing an old lady is one thing, but making her go to an appeals hearing just so she can collect $150 a week in unemployment is terrible.

 

[powellrj]

They do it because they think they can get away with not paying her. Many times people won't bother showing up and they save the money. In her case, its a really crappy thing to do to her.

 

[gracie1]

Did they give her a reason why she was let go? Did the new employer tell her that he was bringing in his own staff? I had to fight against employees filing for unemployment and it was because they shouldn't have received it (one person was still working for us and tried to get it!) and it was also to keep our unemployment compensation rate down. The more on unemployment the higher the rate we had to pay. We had our first hearing with a mediator and the employee and employer would discuss why they felt they should get unemployment and the employer why they were fighting it. The mediator would then decide which way he agreed (about 5 days wait) and they send a letter. Then you have the option to appeal the decision again which goes to the appeals board (like 5 people to appeal the decision.
If either party didn't show up then it was thrown out. Sometimes our ex employees wouldn't show so we automatically won. Maybe the new employer won't show!

 

[Azrael]

No, there wasn't a reason given. It happened on a Friday afternoon right before Christmas. They said they were going a different direction and that she didn't fit in with their new model. She asked questions, but they wouldn't give her any specifics. She had a funny feeling about her job security when the new owners took over. They were cold and distant, and had very little interaction- personally or professionally with her. It seemed like they let her go just as they had gotten settled. We felt so sorry for her right before Christmas, and now we are all so mad that they filed an appeal. She won't drive in the inner city, so I will probably be the one to take off work so she can get there.

 

[PrincessShmoo]

No, there wasn't a reason given. It happened on a Friday afternoon right before Christmas. They said they were going a different direction and that she didn't fit in with their new model. She asked questions, but they wouldn't give her any specifics. She had a funny feeling about her job security when the new owners took over. They were cold and distant, and had very little interaction- personally or professionally with her. It seemed like they let her go just as they had gotten settled. We felt so sorry for her right before Christmas, and now we are all so mad that they filed an appeal. She won't drive in the inner city, so I will probably be the one to take off work so she can get there.

It's wonderful for you to support her like that. Really, filing the appeal is probably just a "normal" move for the employers in this situation. Like PP said, they're probably hoping that she won't show up.

 

[NewRVLady]

0when our company filed bankruptcy and let us all go -we all filed for unemployment-all 100 plus workers
He ( the crazy jerk boss) filed an appeal.....I don't think I did anything but fill in a form...of course we all kept our $$

 

[gracie1]

No, there wasn't a reason given. It happened on a Friday afternoon right before Christmas. They said they were going a different direction and that she didn't fit in with their new model. She asked questions, but they wouldn't give her any specifics. She had a funny feeling about her job security when the new owners took over. They were cold and distant, and had very little interaction- personally or professionally with her. It seemed like they let her go just as they had gotten settled. We felt so sorry for her right before Christmas, and now we are all so mad that they filed an appeal. She won't drive in the inner city, so I will probably be the one to take off work so she can get there.

Just make sure she goes!

 

[tvguy]

I think that in some states, there may be laws that allow an employer to challenge unemployment benefits if the termination was due to a sale.
One of my previous employers was sold 6 times in the 16 years I was there, and several of the new owners made us reapply for our jobs and said they would evaluate whether they would retain us. Some even said they were under no obligation to retain us. Everyone kept their jobs and at the salary they had, except a few times the top boss either transfer to a different job with the old owner, or was let go.

 

[goofyernmost]

I think that in some states, there may be laws that allow an employer to challenge unemployment benefits if the termination was due to a sale.
One of my previous employers was sold 6 times in the 16 years I was there, and several of the new owners made us reapply for our jobs and said they would evaluate whether they would retain us. Some even said they were under no obligation to retain us. Everyone kept their jobs and at the salary they had, except a few times the top boss either transfer to a different job with the old owner, or was let go.

That may be true, but, they don't have to let anyone go right away. They still need people to work the business. Sounds suspicious to me. I'd just go to the hearing and tell the truth. Another reason is that the new owners never had her as an employee. When that happens the state usually has to foot the bill for unemployment, but, they cannot charge it against the new owners rating since he/she didn't ever have her as an employee. The original owner did that.

 

[bsblady01]

I would go with her that day and tell her to bring everything she has from the day she was let go. The owners can say she did something so that they don't have to pay her. I would have her ask if the old owners will go with you and help you with any questions that may be asked.

 

[manning]

It's wonderful for you to support her like that. Really, filing the appeal is probably just a "normal" move for the employers in this situation. Like PP said, they're probably hoping that she won't show up.

When I filed for unemployment (a big company) they printed out some records. The person looked at the company name and said that company never challenges.

 

[TheIncredibles!]

Sorry this is happening to your MIL. She needs to stick with the facts. Tell her to make an outline of the timeline of events to help her stay on track and not forget important dates or details. She should also ask the previous owners to write a letter of recommendation. More than likely they are hoping your MIL won't fight back so they can get away without her claim counting against them.

Despite what the other poster said it's not at all likely that they'll go in with false allegations and "say she did something so they don't have to pay her". In fact if they did, and did not have documentation to back their claims up, they are setting themselves up for a fabulous lawsuit that could possibly yield your MIL more $$ than unemployment would.

Bottom line - if she was laid off within a short time after the sale and there were no written warnings given to her about attendance, conduct, job performance etc she will more than likely win in mediation.

 

[low-key]

companies are heartless cold people

 

[ibob52]

*delete*

 

[CdnCarrie]

Doesn't the state or federal government pay EI out of the EI premiums people into off their paycheques? Once the employer is no longer employing the person why do the have any involvement in EI? I'm confused.

 

[littleblackegg]

If she got no written warning and no formal discussion of her performance was held so she could correct any problems, she'll probably win. This appeal is probably pro forma. Companies try to avoid dismissing people without cause specifically for this reason-they have to pay unemployment. If she just goes and tells the truth and brings any documentation they provided with her, it will likely be OK. If they have cause and can document it, this is where the challenge will be. Lawsuits are far more expensive than unemployment-they will take the path of least resistance.

 

[wilkeliza]

Some employeers do this because it is just standard proceedure to file an appeal. As pp mentioned it could be that they hope people won't show up.

Also it could be as simple as the reason your mother put she was let go when she filled out the form. I don't know if that affects the previous employers insurance but if she put the wrong reason maybe they are appealing that?

 

[Azrael]

It was already determined she didn't have any misconduct in the workplace, so she started receiving her weekly unemployment checks. Yes, $150/week. I don't know how you hear about so many people staying on unemployment for years. How can they survive on such little money? My MIL lives all alone and needs every dime she can earn. I don't know what leg the company has to stand on and why they are making this so difficult.

 

[littleblackegg]

Doesn't the state or federal government pay EI out of the EI premiums people into off their paycheques? Once the employer is no longer employing the person why do the have any involvement in EI? I'm confused.

The benefits are provided through an insurance program run jointly by the federal government and the state. Taxes paid by employers in the state fund the program and employers may not deduct these taxes from employee wages. The employer pays for unemployment benefits through taxes. The employee does not pay into this program.

 

[Azrael]

Some employeers do this because it is just standard proceedure to file an appeal. As pp mentioned it could be that they hope people won't show up.

Also it could be as simple as the reason your mother put she was let go when she filled out the form. I don't know if that affects the previous employers insurance but if she put the wrong reason maybe they are appealing that?

She put down that she was told they were going in a different direction and she didn't know why she was let go. Perhaps they thought she was too old for the job. (Does the company see what she wrote? That might have ticked them off a bit). But, it is a valid concern that she considered was the reason.
After she filled out the initial claim, the unemployment dept. talked to the company and concluded there was no wrongdoing.