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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110401
Experience:  20+ Years of Employment Law Experience
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Both an ajudicator and appeals referee ruled in my favor. My

Customer Question

Both an ajudicator and appeals referee ruled in my favor. My ex firm's lawyer has sent in yet another appeal. They also sent me 10 pages worth of stuff which was a rehash of earlier testimony. Do I need to write a letter myself? Is this another appeal where another referee will hear testimony? I tried calling the number they sent me and that person was literally no help.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. It sounds like they are appealing it now to the court. So you would now have to file an answer in response to their claims in their appeal and you would have to address each issue they raise and you need to support your position with evidence and any law or case law you have to support your claims. If this is now being appealed to the judge in the court, you really should consider getting a local attorney involved at this point, because in court you are held more formally to the rules of civil procedure and rules of evidence and your objection to their appeal needs to be in the form of a court pleading to argue for your position on each of those issues they are raising in that "10 pages worth of stuff," to convince the court the decision of both the adjudicator and referee were correct.
Customer: replied 5 months ago.
According to Levels of Appeals info they sent me, the next level after the Referee is the Board of Review. Their lawyer is citing several pieces of evidence in asking that the determination be overruled. The letter I got from the NC Dept of Commerce clearly states no other action need be taken by other party. But I am concerned that now after collecting my 13 weeks, I could have to give it back. I am confused.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Yes, but you need to file your objection to his written appeal if you want your side considered. No action NEEDS to be taken by you, but to make sure the board understands your position on each of his claims in all of the documents he sent you, you should send them your objection explaining why he is wrong.
Customer: replied 5 months ago.
OK. I will do that. Does this lead to another telephone type of referee case or will this board make a decision and notify us of their decision or do I have to physically go to court? How many appeals can these folks make after this? Starting to regret even filing.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Unless the board requires additional information from either party, they will review the matter based on all of the written submissions and rulings from the adjudicator and referee.
If they do not like this decision from the board they can try to appeal it to the court to vacate the administrative decision, but have to prove it is contrary to law or obtained by fraud, they have to prove those very narrow grounds.

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