Back on March 29 I wrote a posting called “It Ain’t Over Till It’s Over.” That was a reference to my daughter’s unemployment hearing, in which we were successful in overturning the initial disqualification for benefits.
(Don’t you hate convoluted sentences like that last one? It means: she was initially disqualified for benefits, but we were able to get that turned around and now she IS receiving unemployment compensation.)
I thought the odds of that decision being appealed were very long.
I was wrong.
Her employer has appealed to the 3-member commission for a review of the appeals tribunal’s ruling.
His grounds? I’m trying to find out. Under the Open Records laws I have a right to see a copy of his letter requesting the appeal. I have asked for that, but haven’t seen it yet. It takes three to five days, I’m told, to fax me a copy.
And that’s OK, so long as the commission doesn’t consider it during that time and make a decision. Why? Because depending on what the employer wrote, I may want to file a rebuttal for them to consider along with his request.
At the least, the three commissioners are supposed to review the appeals hearing and either affirm it or not. In most cases they affirm it, unless the appealing party presents new evidence (including an explanation of why this wasn’t presented at the initial hearing) or points out errors made by the hearing officer.
If Mr. Queen (the employer — not his real name) just says, “I disagree with the ruling,” I’m not concerned because that’s not good enough. But I think he’s smarter than that, and I think I made him very mad. So he may throw out something unexpected to try to get a new hearing and “get even.”
Thus the title of this post. It has already caused Christina additional angst while in the hospital birthing my grandson. Now I’m feeling the same emotion waiting for information.
Yogi was more right than I knew.