What is the test for establishing that a plaintiff has a right to appeal against a finding that they have been denied employment benefits under the Employment Rights Act?
MultiRegion, United States of America
The following excerpt is from Wood v. Sunn, 852 F.2d 1205 (9th Cir. 1988):
The appellants also maintain that this issue, even if raised for the first time on appeal, should be decided as an exception under Romain v. Shear, 799 F.2d 1416 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 2183, 95 L.Ed.2d 840 (1987). Romain states:
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