What to do about a second requestedappeal regarding unemployment?

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What to do about a second requestedappeal regarding unemployment?

On 12-16-10 I had a telephone hearing. My “employer” appealed my unemployment. I have been receiving unemployment since 10-09. Employer is stating that I quit due to health reasons. I was laid off from my contractor. “Employer” is the payroll company. Well “employer” never showed up at the appeal. Decision was reversed on 12-17-10; I won. Then today, I checked the website which is over 3 weeks later and a new hearing is scheduled. It states request for rehearing granted 1-10-11 and this: Appeal Date 12/21/10 Appellant claimant. I never requested a rehearing.

Asked on January 9, 2011 under Employment Labor Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The employer is now the appellant because the employer is now seeking to appeal the previous decision that was in your favor.  The term appellant refers to the party that is appealing a decision.  The employer is now the appellant for filing the appeal on Dec. 21 which resulted in the decision to grant the rehearing on Jan.10.

You should present the same argument at the next hearing, that you were laid off and did not voluntarily quit.  The employer is claiming you voluntarily quit for health reasons because voluntarily quitting would  result in a denial of unemployment compensation.

Prior to the hearing, you can review the file at the office where the hearing is to be held.  By reviewing the file, you can see if the employer has any new arguments challenging your unemployment compensation and this will give you an opportunity to prepare counterarguments. 

Again, it would be advisable to emphasize that you were laid off and did not voluntarily quit and therefore you should continue receiving unemployment compensation.


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