How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19321
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Employment Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I filed benefits in the state of Delaware and indicated that

Customer Question

I filed for Unemplyment benefits in the state of Delaware and indicated that i had a recall date. However, a few weeks later as was inform by the Unemployment agency that I did not have a recall date, since my employer refuse to confirm it. Thus am not eligible to receive benefits.
However, I have proof that I did work for this very employer on the recall date in question.
Is there anything I can do about this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I am having a bit of trouble understanding what you mean by "recall date." Do you mean the date that your employer plans to recall you back to the job? For instance, you are laid off but given a recall date of August 20th, by which time you can expect to return to work. If this is not what you mean by recall date, can you explain what you mean?
Customer: replied 2 years ago.
Well, I will try to give as much detail and background as possible.I am full time employee, with full benefits, of the Hotel Dupont for the last 20 years.from time to time I will experience a reduction in work hours per week, due to demand.But soon after that it will pick back up. A many times it will exceed a 40 hr. work week.This, perhaps averages out to be, for me, approximately once in every 4 - 6 weeks.Thus, during this brief time when I apply for unemployment benefits I do not declare myself to one who has been temporarily laid off; but one, whose hours have been temporarily reduced.Now, as regarding the "recall date" issue, 85-95% of the time when I am filing for benefits I am aware of the following weeks schedule and thus can clearly see the day and date I will be returning to work.My employer has never told me he/she would be recalling me on a certain date.I have been regarding it as an employer's recall date, the very fact that I am, the very following week, working full time again according to management's scheduling.
Expert:  Patrick, Esq. replied 2 years ago.
Thank you for explaining. This is a rather unusual situation and I think another attorney might be able to address your concerns better than I can. Therefore, I hope you will not mind if I opt out of this question in favor of other professionals. Please do not respond to this message as doing so will take your question off the active question queue and send it back to me. Someone else should be with you very soon. Thank you for your patience and sorry for any inconvenience.
Patrick
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be further assisting you with your post.
I filed for Unemplyment benefits in the state of Delaware and indicated that i had a recall date. However, a few weeks later as was inform by the Unemployment agency that I did not have a recall date, since my employer refuse to confirm it. Thus am not eligible to receive benefits.
However, I have proof that I did work for this very employer on the recall date in question.
Is there anything I can do about this?

Response: Yes, there is. On the notice of denial that you received, there is a deadline to appeal from the adverse decision. You need to file for an appeal within that timeframe. The unemployment office would notify you when you need to appear for a hearing on the case. You need to bring any evidence you have on how you know about your "recall date" on the date of the hearing.
Customer: replied 2 years ago.
If only it were that simple. My date for filing an appeal has come and gone, I believe.It would appear, without looking below the surface, that I was negligent or slow in taking action.But, I don't think I was.I had the impression, at the very least, that things were settle when the benefits, for the pertinent week were released after a telephone message of apology from them.I had spoken with them earlier that day, making my case.They held firm to the written communication to me, saying because I didn't indicate a "recall date" that Had failed to properly register with the division of employment and training.I, of course, told them that I did indicate a recall date, to which they responded by saying my employer removed it.However, about an hour later, they left a message of apology to me indicating the were releasing my benefit funds.Thinking the the matter, at hand, was settle, I took no further action.However, yesterday, I received a written communication from them stating that I was non-compliant for not properly register with the division of employment and training.Thus, I would be denied future benefits.I do not have their first letter to me, for reasons stated above.But, their second letter to me leads to believe that my time to appeal has expired.If this is the case, what can I do?
Expert:  Phillips Esq. replied 2 years ago.
You need to still file an appeal and state the reasons for your untimely appeal just as you did in your post here. The worst that can happen is that they can dismiss the appeal on procedural ground—based on the fact that you did not appeal on time without reviewing the merits of your appeal. However, exceptions can be made if you present mitigating factors that prevented you from filing a timely appeal.
Best wishes,