Legal mags HELP

[dynodonkeyaltabird]

So my former employer is trying to screw me over. My case is now entering the UT court of appeals. Low on funds so im attempting to lawyer this thing myself but i really dont know what im doing. Anyone down to quickly look over my docketting statement(1 page) before i submit it? it would be a huge help!

thanks!

[Harry]

You posted here before about this matter, but you left a lot of our questions unanswered. Post up whatever you got and let us take a look at it.

[Danno]

it's in the court of appeals? does that mean you won in the trial court?

[dynodonkeyaltabird]

Before this it was just a matter of the department of workforce services. My employer won the last appeal which was to the Workforce Services appeals board, appealing the decision of the Administrative law judge. So now I am appealing in the Utah court of appeals.

[dynodonkeyaltabird]

Name, address, etc.

IN THE UTAH COURT OF APPEALS

ME,
Appellant,
v.
DEPARTMENT OF WORKFORCE SERVICES, WORKFORCE APPEALS BOARD and
Appellee,
DOCKETING STATEMENT
Appellate case number: xxxxxxxxx
District Ct. No.:________________

PURSUANT TO RULE 9, Utah Rules of Appellate Procedure, appellant submits this docketing statement.
This appeal is from a final judgement of the WORKFORCE APPEALS BOARD.
The Utah Court of Appeals has jurisdiction pursuant to §35A-4-508(8) of the Utah Employment Security Act; §63G-4-401 of the Utah Administrative Procedures Act; and Rule 14 of the Utah Rules of Appellate Procedure.
a. Date of final judgement of WORKFORCE APPEALS BOARD: February 12, 2015
b. Date Notice of Appeal was filed: March 13, 2015.
7. The WORKFORCE APPEALS BOARD overlooked evidence that contradicts the final judgement of the WORKFORCE APPEALS BOARD.
8. The appellant worked for XXXXXX as a waiter from December 4, 2012, to October 2013 and from December 22, 2013, to April 17, 2014. The appellant was laid off by XXXXXX April 17, 2014 due to a Reduction in Force. XXXX is located in Park City and shortens it’s work week as well as performs lay offs of employees during the slower summer. The appellant completed all UTAH DEPARTMENT OF WORKFORCE SERVICES requirements pertaining to unemployment benefits.

[dynodonkeyaltabird]

basically im using this template: https://www.utcourts.gov/courts/appell/prose.pdf PAGE 19
I basically just wanna make sure im not leaving anything out. or putting too much in.

[digitaldeath]

challenge the prosecutors bar standing, threaten to report his cavalier attitude


also, fuck the man

[Foggy_Goggles]

So you got laid off as a waiter at a seasonal restaurant in a ski town, filed for unemployement and got denied? What did you do to look for other work? What are the season work laws in Colorado?

[dynodonkeyaltabird]

got laid off, applied for unemployment, got unemployment, looking for jobs, unemployment ran out. 2 months later got a letter in the mail saying my employer was appealing my unemployment benefits. called them up and said wtf. they said "you didnt deserve to get that much unemployment". appeals, appeals, appeals. here i am at the the Utah Court of Appeals.

[dynodonkeyaltabird]

the restaurant says that they offered me 2 days a week and I refused and quit. they never offered me anything.

[Steven S. Dallas]

Paragraph 8: you shouldn't have an apostrophe in "its."

That'll be $500.

[Stu Gotz]

Counselor, it's exactly that type of thinking that brought down Lambini, Lambert & Locke.

[BmillsSkier]

Rule 11

?

[Harry]

got laid off, applied for unemployment, got unemployment, looking for jobs, unemployment ran out. 2 months later got a letter in the mail saying my employer was appealing my unemployment benefits. called them up and said wtf. they said "you didnt deserve to get that much unemployment". appeals, appeals, appeals. here i am at the the Utah Court of Appeals.

(1) do they have anything in writing saying they offered you the 2 days a week ?

(2) do you have rock-solid documentation that you were seriously looking for work ? Unable to find work all summer waiting tables in SLC will be hard to claim, especially when your former employer shows your Facebook posts of all the rad kayaking and climbing trips you took all summer.

[digitaldeath]

New identity time, bud.

[TNKen]

Request the opportunity to present additional evidence.

Unlikely that you can at a court of appeals.

Typically, you need to state more clearly why the board erred in its findings. You have to raise EVERYTHING you can think of, otherwise it is waived.

[dynodonkeyaltabird]

(1) do they have anything in writing saying they offered you the 2 days a week ?

(2) do you have rock-solid documentation that you were seriously looking for work ? Unable to find work all summer waiting tables in SLC will be hard to claim, especially when your former employer shows your Facebook posts of all the rad kayaking and climbing trips you took all summer.

1. No they do not.
2. I did look for jobs all summer. They aren't questioning that fact.

[GeezerSteve]

final judgement

In America, that's spelled "judgment."

What's with the words in ALL CAPITAL LETTERS in the text of the document?

What is the standard of review? If you don't know, figure it out.

Have you tried Utah Legal Services?

[dynodonkeyaltabird]

Request the opportunity to present additional evidence.

Unlikely that you can at a court of appeals.

Typically, you need to state more clearly why the board erred in its findings. You have to raise EVERYTHING you can think of, otherwise it is waived.

My limited understanding is that I bring up everything when I'm writing my brief. I was told that the docketting statement should be simple one or two sentences. One of the things I'm not sure about is citing statutes and rules about why I'm appealing.

[TNKen]

Not being an ass, but you're in over your head. This is not going to go well for you. Unfortunately, you will be held to the same standard as a licensed attorney who has been at this for 25 years. Although annoying as crap in court, rarely do pro se litigants prevail.

You need to see if you can get some help from a local legal aid office, ASAP.

At a minimum, see if you can google up a similar case, or call the court to see if they have a form.

Here are the appellate rules. Look at Rule 9 carefully. https://www.utcourts.gov/resources/rules/urap/

The magic word on appeal is how the board "erred" in its ruling.

[dynodonkeyaltabird]

I agree I'm in over my head. I went to talk to a lawyer and he said it may cost about the same amount to have a lawyer defend me as the amount of money I stand to lose in this case. He suggested I try and do it myself. Went to a law clinic and they referred me to the "modest means lawyer referral program". I applied and was told I DIDNT MAKE ENOUGH MONEY to qualify for discounted lawyer rates. So here I am asking tgr for help...

The magic word on appeal is how the board "erred" in its ruling.

The main part of their ruling was that they believed my employer offered me 2 shifts a week and I refused and quit. One of the original pieces of evidence is my employer stating that I never refused any offers of work. If that isnt the board erring idk what is.

[GeezerSteve]

Unless the standard of review is de novo, if your former ER testified that they offered you alternative work and the ad law judge believed that testimony, you are probably fucked. If the standard or review is arbitrary or capricious, substantial evidence or other S/R which gives deference to the original finder of fact, factual determinations made by finder of fact that are supported by substantial evidence, e.g., testimony by your former ER, are not reviewable on appeal. Again, the starting place is to figure out the applicable standard of review.

Also, I'm not getting the Catch 22 thing re representation. If you don't make enough $$ for low bono representation why aren't you eligible for free representation via legal services?

[dynodonkeyaltabird]

the free legal services here said they dont do appeals.

[Danno]

Unless the standard of review is de novo, if your former ER testified that they offered you alternative work and the ad law judge believed that testimony, you are probably fucked. If the standard or review is arbitrary or capricious, substantial evidence or other S/R which gives deference to the original finder of fact, factual determinations made by finder of fact that are supported by substantial evidence, e.g., testimony by your former ER, are not reviewable on appeal. Again, the starting place is to figure out the applicable standard of review.

Not only the standard of review here, but below, if I'm reading this right. Because it sounds like the ALJ ruled in his favor then the Board overturned that.

[Grape_Ape]

Paragraph 8: you shouldn't have an apostrophe in "its."

That'll be $500.

LOLz