Thus, the Hearing Officer was improper to rely upon that provision and did not have jurisdiction over such a claim.Ĭourts have considerable discretion to reconsider an order. Thus, that section was misapplied by the hearing officer and is inapplicable to a situation where an employee misses ONE day of work, and her ONLY failing was failing to inform her employer that the absence was due to a death.įinally, subsection (a) was not the basis of the employer’s appeal. The remainder of subsection (a) provides examples of what constitutes a “conscious disregard of the employer’s interests.” It includes damage to the employer’s business and theft. The basis of this determination was ONE missed day of work and failed to tell her employer that she had a death in the family! The Determination claims that “failure to report to work or inform the employer of the reason for absence was a conscious disregard of the employer’s interests and is found to be deliberate disregard”, etc.
I am writing to appeal and for reconsideration of the Decision rendered in the above-referenced matter. City, 857 F.2d 1394, 1395 (10th Cir.1988).īy way of example, the following request for reconsideration was filed in an unemployment matter and available to everyone pursuant to Florida’s Sunshine Act: Moreover, the refusal to grant relief in a motion for reconsideration is reviewed by the appellate court under an abuse of discretion standard.
at 417 (quoting American Home Assurance Co. The court in Prudential held that “ Court will not alter a prior decision absent a showing of a clear and obvious error where ‘the interests of justice’ demand correction.” Id. The proper standard of review for a Court when considering a motion to reconsider is outlined in Prudential Securities, Inc.
In such circumstances, should the law be specific, motions for reconsideration can help parties to correct the record? Sometimes courts issue legally wrong opinions.