Can the time for sn appeal be extended?
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Can the time for sn appeal be extended?
I filed a claim with the department of labor
and won the case. After that hearing both
parties were given forms to fill out in case of
an address change. The defendant did not fill
one out. I received my ODA by on May 10th. The
defendant had 15 days to file an appeal. He
then claimed that he never received the ODA in
the mail because it was sent to an old address.
I received another copy of the ODA now with the
service of delivery date of May 30th. Does this
entitle the defendant to another 15 days in
which to file an appeal? Which I found out he
does intend to do. If so is this legal that
they extended the time for him? I personally
believe it was just a ploy for him to get more
time and seems unfair that the department of
labor just takes his word for it
Asked on May 31, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The answer is that it can be extended at the Department of Labor's discretion if they deem there was "good cause" for the failure to fiile the appeal on time. There is a strong bias or preference in favor of deciding cases "on the merits"--that is, on whether there is a good case or not--and not on procedural rules. Given that, an assertion that something was not delivered properly or timely will usuall be considered good grounds for an appeal.
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