If you have applied for unemployment, and been denied (or if you were approved, but now your employer is appealing) you may be asking yourself, do I need an attorney to help me to appeal? Having an attorney can be extremely helpful in a number of ways.

Of course, you are entitled to an evidentiary hearing, and you are entitled to be represented by counsel if you so choose. Keep in mind the very serious nature of your appeal hearing. Hearings are typically very brief (usually an hour or less), but can have a huge impact. The outcome of your unemployment hearing will determine whether you are entitled to benefits that can greatly assist you during a time of need. If you do not prevail at your initial appeal hearing, it is very difficult to prevail in a later appeal. Having an attorney can help you to be successful in your appeal in a number of ways.

First, an experienced unemployment attorney can help to put your mind at ease about what is going to happen at the appeal hearing. With an attorney by your side with experience in the unemployment benefits area, you know that someone is with you who has done this many times before and is familiar with the process. An experienced attorney knows what to expect, and can help to protect you from any abuses by the employer in the hearing.

Second, an experienced attorney will know the rules of evidence, and will work to keep your former employer from bringing things into the record that are irrelevant or otherwise inadmissible. For example, an employer will often attempt to base their case on hearsay, which is not admissible. Knowing how to properly lodge the objection is important to keeping this sort of inadmissible evidence from tainting the process.

Third, an experienced attorney will know precisely what issues are relevant to your case, and can focus the hearing on those issues. The laws governing unemployment benefits are actually fairly complicated, so understanding how to narrow the focus of the hearing on the important issues can be very beneficial.

James Radford has years of experience and a record of success representing employees in their unemployment appeals. If you have questions, or wish to seek counsel, please call James at (678) 369-3609 or send an email to james@jamesradford.com

If you’ve resigned from your job–even under the worst of circumstances–you may be in fear that you cannot receive unemployment benefits. We are often contacted by individuals who have to quit their jobs because of illness, of unsafe work conditions, or because a spouse is being transferred to another military assignment. Here is what the law says about this issue:

O.C.G.A. § 34-8-194 states that an employee shall be disqualified from receiving unemployment benefit if:

such individual has left the most recent employer voluntarily without good cause in connection with the individual’s most recent work. Good cause shall be determined by the Commissioner according to the circumstances of the case.

Therefore, the key is whether the employee left with “good cause.” If the employee had “good cause” to quit, as defined by law, he or she should be entitled to benefits. The courts have held that certain conditions are “good cause” for resignation, as a matter of law. These are:

• An employee’s spouse being reassigned by the military to a different location.
• A medical condition that is worsened by some condition of the workplace.
• Absence due to court-order subpoena (such as to appear in juvenile proceedings of a family member).
• Being subject to verbal or physical abuse from employer, such that a reasonable person would leave the workplace under the circumstance

The best source for detailed guidelines about Georgia’s unemployment benefits appeal process is the Department of Labor’s Unemployment Insurance Appeals Handbook. Below is a summary description of the unemployment appeals process and how an attorney might be able to help you along the way.

Note: this is for informational purposes only and should not be viewed as legal advice. To obtain legal advice, you need to speak with an attorney and create a formal attorney-client retainer agreement.

If you have applied for unemployment benefits and received a determination that you are ineligible, you have a right to appeal that determination. You must file your appeal with the Department of Labor within 15 days of the date the determination was mailed to you. The notice of determination will tell you where to file your written appeal.

At this point, you may wish to hire an attorney to help you draft your notice of appeal. If you need help filing the appeal, it is crucial that you contact an attorney immediately upon receiving the initial determination. Your attorney will need the full window of time to prepare your appeal statement. It is helpful to the attorney if you contact us at this stage, so we can inform the Department of Labor of any scheduling conflicts we have for the hearing.

You may choose to file your appeal statement without an attorney. If you do, be sure that you include on your appeal statement every reason the determination is incorrect. For example, if your employer reported to the initial claims examiner that you were fired for violating company policy, it is important that you state on your appeal form, “I did not violate company policy.”

If you timely file your appeal, and give the Department of Labor all the necessary personal information to contact you, you should receive a notice of hearing in the mail. You will be provided in the notice a date for the hearing. The notice will also inform you whether the hearing will be conducted over the telephone or in-person.

This is the time when many people realize they may need an attorney. At the hearing, you will be required to give testimony under oath, as well as present evidence in support of your appeal. A representative from your employer will be at the hearing, likely including the person who made the decision to terminate your employment. Your employer also may have an attorney at the hearing. Under these circumstances, it can be a daunting task to present your evidence and effectively cross-examine your employer’s representative.

If you are not successful at the hearing, you are entitled to appeal the decision to the Board of Review, who will look at the hearing below and determine whether the hearing officer committed any legal or factual errors. If you are successful, your employer has a right to appeal to the Board of Review as well. An attorney can help you to draft arguments and present your case to the Board of Review.

Following the Board of Review’s decision, the losing party has the option to appeal the case to a Superior Court. Such appeals are fairly uncommon, and the Superior Court has a very narrow scope of review. However, if you elect to appeal your case to the Superior Court, or if your employer elects to do so, an attorney can help you present your case most effectively to the court.

Do you need the help of an attorney? Contact us.