Mini Spas, Inc. v. Industrial Commission of Utah, Department of Employment Security

Plaintiff-employer Mini Spas, Inc., appeals a decision of the Board of Review that its former employee is eligible for unemployment benefits. That determination of eligibility affirmed the ruling of the administrative law judge that the employer had failed to timely protest a determination of benefits by the Department of Employment Security. 1

The two issues on appeal, as framed by the employer, are: (1) whether the Department abused its discretion in refusing to consider the employer’s protest to the benefits awarded because the protest was not filed within ten days; and (2) whether the…