Do/should I need/have an attorney for an employment benefit hearing?!

It is very much a personal and financial decision. In NJ, there is certainly a belief, and the statistics seem to support it, that an individual with an attorney has a much stronger chance of prevailing, than one without one.

The appeals hearing, whether conducted in person or via phone, is a legal proceeding in which testimony is developed via direct and cross examination of witnesses, documents are offered as evidence and objections can and need to be made to evidence that is offered. If you would be uncomfortable without an attorney in a court of law, then you would be uncomfortable without an attorney at an appeals hearing. The company has appealed because it believes that it can convince the hearing officer to reverse the decision and deny you unemployment. How important are your benefits to you?

An appeals hearing is a quasi-judicial proceeding that generally occurs over the telephone. The hearing will likely be conducted by an attorney who is employed by the DES. The attorney will serve the same role as a judge in a courtroom, and the procedure will resemble a mini-trial. For instance, you will be sworn in, the ESC attorney conducting the hearing will question you in depth about why you are not working, and your former employer will have an opportunity to question you about the testimony you provide. It is critical that you participate in the appeals hearing. For example, if you are receiving benefits and you fail to participate, you may lose the hearing and your benefits will stop immediately. If you have already been denied benefits and have found another job, you should still participate, as you could receive back pay for all the weeks you filed for benefits while you were unemployed. If you fail to participate and your employer wins the hearing, you may be disqualified from receiving unemployment benefits for the next two (2) years. You may also be required to repay any benefits you have received. You have the right to attorney representation in an appeals hearing. Monica Wilson founded the first firm in North Carolina to focus exclusively on representing claimants like you in unemployment cases. Your former employer may have already hired an attorney, but you will not know if an attorney represents the employer until the time of the hearing. Be aware that if you lose this hearing, you will probably not be granted another. You should act quickly to preserve your right to attorney representation in this matter. Please call Wilson Law Group, PLLC at (919) 572.2900 if you are interested in attorney representation from one of our attorneys against your former employer. Our fee is affordable and Monica Wilson is a licensed North Carolina attorney who once worked for the DES as a Judge know as an Appeals Referee deciding unemployment cases like the one you have. We never use paralegals. Also, you will never have to visit our office unless you so desire. Everything we need to begin representing you can be handled over the telephone. With our firm’s experience, you will be in good hands. Please visit our website, www.monicawilsonlaw.com to learn more about us.