Does my previous employer have the right to reschedule my unemployment appeal hearing

My unemployment was denied nd an appeal is scheduled, but i received a call today stating that the hearing has been reschedule do to the other party needing to be out of town. Is this legal? And the company I worked for has stated that I received multiple warnings when I did not, can they deny the unemployment?

Asked on July 6, 2009 under Employment Labor Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Having hearings rescheduled is an everyday part of a lawyer's world, so I doubt that there is anything sinister about this, as long as it doesn't become a pattern.  If you win your appeal, you will still get your retroactive benefits -- it will be a bit later, and the check will be a bit bigger.

I'm not a Colorado attorney;  from your question, it sounds like the warnings are important to show that you were, according to the company, fired for cause.  If they say you did, and you say you didn't, it's a fact question, and unfortunately you can't get very far arguing fact questions on an appeal.  Appeals are for legal issues, except where the factual finding is all but completely without support in the record, usually.


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