Employer Appeal Unemployment Dispute

Summary

In Montana, employers must respond to unemployment claims within a specific timeframe. If they miss the deadline, they need a valid reason to appeal late. Your situation involves a late employer appeal, potential wrongful termination, and misrepresentation of termination reasons. Additionally, there are issues with past unemployment claims and discrepancies in employers claims. Its crucial to gather all relevant documentation and contact the Montana Department of Labor and Industry for clarification. Legal counsel may be beneficial to navigate these complex issues effectively.

Full Conversation

My employer is somehow appealing my unemployment even though they were late in filing and there are a myriad of issues surrounding that
Hey ****! It sounds like a tricky situation. In Texas, employers must respond to unemployment claims within a specific timeframe. If they miss this, their appeal might be invalid unless they have a valid reason. Have you received any communication from the Texas Workforce Commission regarding this appeal?
I am in Montana not Texas.
Got it, ****! In Montana, employers generally have a specific timeframe to respond to unemployment claims as well. If they miss the deadline, their appeal might not be valid. Have you received any communication from the Montana Department of Labor and Industry regarding the appeal?
I got the packet, it looks like they just said there was some misunderstanding about the date and they let them file it
Case Rating: *
It sounds like there may be some complexities with your unemployment appeal case. In Montana, if an employer misses the deadline, they typically need to provide a valid reason to be allowed to appeal late. Since you've received communication indicating a misunderstanding about the date, it may be worth challenging their reasons.
Have you considered reaching out to the Montana Department of Labor and Industry for clarification on their decision to accept the appeal?
It's Thanksgiving so I need to wait till they're going to be open
Case Rating: *
It seems like a potentially complex situation, ****. Once the holiday is over, contacting the Montana Department of Labor and Industry for clarification on your case would be a crucial next step. They can provide more details on why the appeal was accepted despite the late filing.
That's the smallest issue though:
Case Rating: *
It sounds like you have multiple issues at hand. For the unemployment appeal, it's essential to address the deadline concern with the Montana Department of Labor and Industry once they're open. Can you share what other issues you're facing, or any specific concerns you have? That might help in providing further guidance.
In no particular order: The appeal was filed under the name of a woman who has been dead for at least a year and a half. The employer is claiming I was fired for reasons different than the one I was given. There seems to be a conflation with an old unemployment claim I did not draw on in * because I was fired by mistake as they intended to fire someone else. I went back to work a couple days after when it was all settled. There is more
Case Rating: *
It sounds like a complex situation with multiple issues involved. Addressing each one will be important. Have you gathered any documentation or evidence related to the wrongful firing or the old unemployment claim that might help clarify these misunderstandings?
Let me just get the rest of that one out
Case Rating: *
It seems like you have quite a few issues to tackle. Gathering documentation related to the wrongful firing and the old unemployment claim will definitely help. Once you have all your materials, it would be beneficial to consult with a legal expert. Is there any other aspect you'd like to discuss or need information on?
Things they are now claiming they fired me for are either positive (me taking on the responsibility of the swamper when we did not have an employee for the position while still doing my normal job) or were excused by my supervisor, specifically occasionally taking * minutes or so to go back to my place and grab something a block away-- there was no point where I did that without getting permission. At least one of the memo warnings they intend to use as evidence was counteracted when they discovered the infraction wasn't done by me. -- also at the time of my termination the bookkeeper specifically told me to my face that I should file for unemployment and they wouldn't fight it
Case Rating: *
This situation seems complex and may warrant legal counsel to navigate the multiple issues effectively. Would you like to be connected to local lawyers who can better assist you with your case?
If so, could you provide a bit more information about your legal issue?
Is it your primary function to connect people to local lawyers
My primary function is to provide free legal information and guidance. However, in cases where legal counsel may be beneficial, I can help connect individuals with local lawyers. Let me know if there's anything else you'd like to know!
Can you give me a base idea of the situation I'm looking at before I pursue said assistance
Case Rating: *
It seems like a multi-faceted situation involving:
- Late employer appeal on unemployment benefits.
- Possible wrongful termination.
- Misrepresentation of termination reasons.
- Issues with past unemployment claims.
- Discrepancies in employer's claims.
Consider gathering all relevant documentation and contacting the Montana Department of Labor and Industry for clarification. Legal counsel might be beneficial for navigating these complex issues.