What happens if my employer does not agree to have a telephone hearing in my commission appeal?

[patty1969]

Jurisdiction

Virginia

I just got my "Notice of Commission Appeal" from the Virginia Employment Commission. I want to ask for a telephone hearing instead of a in-person hearing in Richmond, Virginia. The enclosed letter states " In-person hearings are held in Richmond, Virginia but can be held by telephone if all parties agree." My employer did not participate at my appeals examiners hearing. I don't think they will agree to have a hearing by telephone. My question is if I ask for a telephone hearing and my employer does not agree to participate in the hearing by telephone then what happens? Do I then have to have a in-person hearing in Richmond, Virginia even though my employer probably won't show up for that either? I would like to at least get the transcripts and submit a written argument to the commission. Please see enclosed letter.

 

[army judge]

My question is if I ask for a telephone hearing and my employer does not agree to participate in the hearing by telephone then what happens?

More likely than not, there will be an in person hearing.

That outcome depends sole upon the VEC determination/adjudication of your case. For you to receive what you seek, there appears to be a very high bar. To get that which you see, you're going to require quite a bit of luck to fall your way.

I suggest you pose your questions to those employed as customer service representatives by your Virginia Employment Commission.

I wish for things to finally be resolved to your satisfaction.

Good luck, keep good thoughts, in order to receive good tidings!

 

[adjusterjack]

Simple.

If you can't get the phone hearing, you show up in person. Otherwise you don't get the benefits you seek.

If you show up in person and your employer doesn't I would think you would get a ruling in your favor by default.

It's the "have-want" doctrine. Somebody has what you want, you do what it takes to get it, even though it might put you through the wringer.

 

[zddoodah]

To answer that question requires familiarity with that procedure, and I have no idea if anyone who posts here has that.

Based on what the letter says, it seems like you have to request a hearing but it's not guaranteed since most appeals are decided on the record. Telephone hearings require agreement of all parties. If your (former, I assume) employer doesn't agree to a telephone hearing, then you presumably get an in-person hearing or no hearing. If the employer doesn't show, then the matter presumably gets heard without its input.