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I am scheduled for a tel. hearing requested by last employer. I honestly dont want to go againts a large company. who's willing
Anonymous3 views3 answers
do anything to keep me from getting benefits. I'm willing to give up my rights for ui. What should i do or say before or at the hearing in order to end this soon. THANK YOU
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
One of the benefits of having an attorney is that the attorney is a buffer between you and the employer. There is no reason to give up your legitimate rights; you have options.
You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
As others have said, you do not have to appear (which will will result in a loss), but if you are concerned about the outcome, you may want to consult with an attorney as to the likelihood of prevailing. An hour with an attorney may provide sufficient information to allow you to make a decision or to proceed on your own. If you do proceed, you need to be prepared with admissible documents and witnesses you have exchanged.
If you don't want to appear, you don't have to. If you don't call in, your employer will prevail and you will be required to return any unemployment benefits you have received.
If you decide to fight after all, you can expect to pay about $1,500 to an attorney to help handle it. I have handled many of these types of cases.
Brad Denton