The Importance Of Legal Representation In An Unemployment Appeal Hearing
The relatively straight forward procedure for filing an application for unemployment benefits leads many claimants to proceed without legal representation. However, if an appeal becomes necessary, it is imperative to retain an experienced unemployment law attorney.
If the worker is denied benefits, he or she should appeal that decision. In many cases the employer will similarly appeal the granting of an award of benefits to the worker. The nature of the appeal is far different than the manner in which the initial determination was made.
Unlike filing the initial application, the appeal is a fully adversarial procedure. A referee will be in charge of the appeal proceeding and will render a decision based upon the evidence presented. It is important to include all the information required for a positive resolution of the case; if evidence is omitted, the referee cannot consider it.
Understanding The Evidentiary Procedure
Although the procedure is less formal than a court trial, the unemployment appeal utilizes many of the same procedures to introduce evidence. The following are included in the appeal:
- Introduction of documentation
- Testimony of witnesses
- Cross examination of witnesses
Elements And Burdens Of Proof
Proving one’s case on appeal involves knowing the legal elements and understanding who needs to prove those elements. For example, common issues in appeals involve:
- A worker’s attempt to prove his or her reason for quitting was for “good cause,” or
- An employer’s attempt to prove the firing of the worker was “justified”
In either case, the proper presentation o f the argument to the appeal referee requires the legal knowledge of an attorney. I am Michael. J. Joshi and I have the knowledge and experience to help you navigate successfully through the complex appeals process.
Contact Me For A Legal Consultation
Appeals are a critical step in the unemployment process. Be certain you retain the representation that provides your best opportunity for a positive outcome. Call The Law Office of Michael J. Joshi, at 913-428-0199 or send me an email before your unemployment law hearing. Do not attend your unemployment hearing without proper legal representation. Contact me for the help you need.