second phone interview or an unemployment hearing

Regarding the last part of your statement – “Hearing officers decision can also ber appealed and the time frame is also 30 days. If you are asking about an untimely appeal by the employer who didn’t appear at the hearing .. they may present their reason within the appeal and ask that good cause be found for the untimeliness and or non-appearance at the hearing. A successful appeal for non-appearnace results in the matter being remanded back to the appeal dept to hold another hearing. And it should rescheduled with another hearing officer to keep it fair. Just so everyone knows .. this is common .. especially if the employer has someone else handling their unemployment claims.”

My employer did not show for the hearing, but did send a letter stating that they would not be in attendance. This is in Michigan. They did NOT state a reason for not attending, and it was in the same city, and not more than 10 minutes from their facility, so there was really no good reason, in my opinion, not to come.

My question is, do you think that if they try to request a rehearing or a hearing with the Board of Review or Circut Court that it will be granted?

Just as an FYI: The original determination and redetermination were disqualified for benefits, now that has been over turned and the ALJ has found that I AM QUALIFIED to receive benefits. I just do not want to spend the $4000+ dollars if there is a chance that I will have to pay them back!!
Thank you for your advice!!!!

Hi,

Michigan is a bit different. I cannot speculate on why they sent that letter .. but I can tell you how postponement requests for first level appeal hearings work in Michigan.

You request the postponement stating the reason for the need to postpone. The ALJ or who you send the request to .. denies the request and then you have to request a “stay” from the board of review and they almost always will stay the matter .. as one MI rep told me once ..

You can get a hearing stayed in MI even if your reason is that your cat pissed purple.

So you see .. it’s hard to tell because the board doesn’t always stay hearings before they take place .. if this happened .. you’ll be receiving something telling you so and then another NOH(notice of hearing).

You just have to hang tight.

Michigan’s time limit for 2nd stage appeals is also 30 days .. but that would be a moot point if you find out the board stayed it.

I was just wondering, for the state of IL, I thought that an employer had only 30 days to appeal a decision on a hearing? Or is that just different since this is a second hearing? Can an employer just opt to decide at any time they want to appeal & then be able to be heard?

Thanks!

The time limit for appeals in Illinois is 30 days for both appeal levels.

But Illinois is a state that includes a request for reconsideration in the process.

You File

Employer protests

State calls to interview

Issues a determination w/ the request included

If something new is added with the request .. likely another phone interview.

Redetermination is issued if someone requested reconsideration.

Then 30 days after mailing date is the time frame for the appeal.

An appeal will now result in lower level hearing which is by phone in Illinois .. usually.

Hearing officers decision can also ber appealed and the time frame is also 30 days.

If you are asking about an untimely appeal by the employer who didn’t appear at the hearing .. they may present their reason within the appeal and ask that good cause be found for the untimeliness and or non-appearance at the hearing.

A successful appeal for non-appearnace results in the matter being remanded back to the appeal dept to hold another hearing. And it should rescheduled with another hearing officer to keep it fair.

Just so everyone knows .. this is common .. especially if the employer has someone else handling their unemployment claims.