There is always a risk that you could lose your unemployment compensation appeal hearing. The evidence presented at your unemployment appeal hearing is the deciding factor in the Referee’s decision on your eligibility. All evidence presented at your unemployment appeal hearing creates a risk that the Referee will rule against you and deny your unemployment benefits, which is why you need a skilled unemployment lawyer with you at your hearing.
At an appeal hearing, the Referee will hear testimony from both parties. The employer will testify to the events leading to your unemployment and will often have a lawyer present with them to walk them through their testimony. An unemployment lawyer knows what your employer can and cannot testify about. By having an unemployment attorney on your side, you can ensure fair treatment by preventing the employer from testifying about something that would otherwise not be allowed. Additionally, by failing to object at the initial stage, you will not be able to object to the impermissible testimony. If you allow your employer to testify to something that otherwise wouldn’t be allowed, you risk losing your appeal. These risks can be avoided by having an unemployment lawyer assist you at your hearing.
You also have the right to testify at your unemployment appeal hearing. You will be responsible for walking the Referee through the events that led to your unemployment. As you will undoubtedly be passionate about your testimony, there is the risk that without an unemployment attorney, you may testify to something reckless and end up jeopardizing your case. There is a risk you make get overly heated or upset while testifying.
It is important to understand that the Referee must determine which party’s testimony to believe. Having an unemployment lawyer on your side to ask your employer difficult questions and discredit their testimony will help ensure you make the best case to the Referee. Your employer will undoubtedly have a lawyer to aid them in testifying and so should you.
At an appeal hearing, a Referee will also consider documentation and records kept by either party. Employers know the documentation and records they must keep for unemployment appeals and, at most hearings, employers try to introduce them. Your unemployment lawyer knows what documents your employer can and cannot introduce at an unemployment appeal hearing and can ensure that only proper documentation and records are allowed. One single document can determine the outcome of your entire appeal and whether you will receive unemployment benefits. Not having an unemployment attorney on your side to prevent the prejudicial documents from being introduced could end up costing you your appeal. This happens very frequently and can be avoided by hiring an unemployment attorney.
There was a recent appeal hearing where the employer could not testify to why the claimant was terminated. The employer tried to introduce a signed statement from another employee stating what the claimant had done to result in their unemployment. As a skilled unemployment lawyer, I immediately objected to the introduction of that document. After the hearing, the claimant stated that had an unemployment lawyer not been present with him, he would not have known to object to the admission of the signed statement. If the claimant had not hired an unemployment lawyer, he risked his entire appeal and would have likely lost.
It is true that there are risks associated with every unemployment appeal hearing. However, simply hiring an unemployment lawyer can eliminate most of those risks and ensure your right to a fair hearing is protected. It is important to understand that every unemployment appeal is unique. Call today to discuss the risks associated with your unemployment appeal hearing and how they affect your eligibility for benefits!