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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39031
Experience:  Retired (mostly)
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Does the employee have the right to all documentation

Customer Question

Does the employee have the right to all documentation pertaining to their unemployment hearing and how does the employee obtain said documentation?
Submitted: 2 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 2 years ago.

Thank you for using JustAnswer.

Can you tell me what state this is in? Have you requested copies from the unemployment board and were denied?

Expert:  ScottyMacEsq replied 2 years ago.

My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.

Customer: replied 2 years ago.
The state of Virginia. I requested copies of statements from the employer (prior the hearing and was denied. I also requested those statements from the deputy during our 3 way call/review. I was not allowed to present my case information, after the employer presented theirs. As soon as I began to speak I was interrupted by the employer, told to be silent or she would disconnect the call by the deputy and then was advised by the deputy that the call was ended. Also at the onset of the call; I was told by the deputy "I don't care" when I advised her that I had just been released by the hospital, was on prescribed narcotics and unsure if able to represent myself properly.
Customer: replied 2 years ago.
BTW..I have a witness to this
Customer: replied 2 years ago.
Expert:  ScottyMacEsq replied 2 years ago.

Apologies for the delay. I was waiting for your response to a one word question and a yes/no question for over 10 minutes, so I didn't know if you were going to reply at all, so I was assisting another customer when you responded.

When you said that the "deputy" said "I don't care" you mean the deputy with the unemployment office?

Customer: replied 2 years ago.
Scotty it was a two part question. I answered it in the way that I thought was best. And I do realize that you were dealing with another customer. However let's focus on what is important at this time. Yes it was a deputy for the unemployment office. She would not allow me to complete my testimony.
Expert:  socrateaser replied 2 years ago.


Different contributor here. The previous contributor (ScottyMacEsq) has decided to reopen this question. Please permit me to provide further assistance.

If you believe you were denied a fair hearing in the first instance, your next step is to appeal the deputy's determination. It's not clear to me from your statement of facts whether or not the deputy has actually issued a decision at this point in time. If not, then you cannot appeal until you receive the decision.

After you file your appeal, you can subpoena whatever documents you may require from the employer. Only the hearings officer/deputy can issue a subpoena for witnesses or documents. You must contact the clerk's office in writing to request a subpoena. I do not have the clerk's office address available at this time. However, you can contact the clerk at(###) ###-#### ***** obtain this information.

Your written request must explain why:

(1) the testimony of the witness of the evidence contained in the documents would be relevant to the appeal;

(2) the evidence sought to be produced would not be merely cumulative; and

(3) it would serve the interest of the party seeking the subpoena.

The law describes the above three factors as optional. In reality, they are mandatory. If you cannot provide a credible explanation for each factor, then your request for a subpoena will be denied.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

Do you need further clarification concerning my answer, or do you have what you need?