Saturday, December 5, 2009

Filed late will I win?

I just got a letter from unemployment for a telephone hearing to reconsider denial of my first determation. I filed my appeal late, one of the subjects in the hearing will be timeliness. I did file late, past the 20 day deadline.



(9 days) I was caring for my mom and time got away from me was my reason.



I knew I was late but filed anyways,I thought they would of said no and not even hear me, so I was shocked to recieve in the mail, my hearing date. Is this good for me or do they hear all appeals whether on time or late? I have a good case otherwise and believe I will win, I'm just afraid that I will lose because I filed late and know must prove that I had good cause. Which i did, but is it good enough for them?



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I wouldn't worry about it being late unless they ask. They probably didn't notice. Just tell the truth - what more can you do?



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It will depend upon whether the emloyer challenges or not, and your state's particular employment scheme. Be prepared to provide good cause for the delay; filing the appeal late may be jurisdictional (i.e. the appellate body CANNOT hear your claim) or it may be just procedural (i.e. the body can decide whether to hear your claim or not.)

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