The Commonwealth Court of Pennsylvania in Roman-Hutchinson v. Unemployment Comp. Bd. of Review dismissed an appeal from an unfavorable unemployment referee’s decision as untimely, because the appeal was transmitted via email but never received by the appeal board. The appellant argued that the mailbox rule should apply to appeals filed by email. The mailbox rule holds that a letter is presumed received when mailed. A person can file an unemployment appeal by email. However, the regulations expressly provide that the person filing by email assumes the risk that the email will not arrive at the appeal board. 

Additionally, the regulations provide that if a person appeals by email, the appeal is considered filed when received and not when transmitted. The Court held that because the regulations place the risk of loss on the person filing the appeal, that the mailbox rule does not apply to email.

The appellant also requested that the court should permit the appeal because the un-timeliness of the appeal was not caused by any negligent conduct on her part. The court rejected that request because the regulations expressly place the risk of lost email on the appellant.

Roman should serve as a lessen to anyone about to appeal an adverse unemployment decision. Be diligent! When filing appeals by email make sure that the board has received your appeal. A person should NEVER consider their appeal was successfully transmitted. For those who are technologically challenged, you can still appeal through the postal service. In fact, filing through the postal service may be a more attractive solution, because such appeals are considered filed on:

(i)The date of the official United States Postal Service postmark on the envelope containing the appeal, a United States Postal Service Form 3817 (Certificate of Mailing) or a United States Postal Service certified mail receipt.

(ii)If there is no official United States Postal Service postmark, United States Postal Service Form 3817 or United States Postal Service certified mail receipt, the date of a postage meter mark on the envelope containing the appeal.

(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the filing date will be the date recorded by the Department, the workforce investment office or the Board when it receives the appeal.