Sources You Can Use for Developing Your Case in Events like Unemployment Hearings

Your employer made it impossible for you to stay, and the state believes you quit without just cause. Sometimes, an employer can make an employment situation unbearable. You may wish he or she would lay you off and give you some sort of reasonable severance pay. For example, suppose a junior architect is hired with the understanding that he will generally not have to work much overtime, but, if he does, he will be paid for it. After a few months on the job, his deadlines and responsibilities mount, and his hours increase dramatically. If he quits and his claim is denied, he can make a strong case that he had just cause for quitting, especially if he can bring along a co-worker to attest to the long hours and lack of overtime pay. Remember, you can quit and still receive benefits, as long as you can justify leaving. Your justification on your original claim form may not have been clear enough, and the hearing will be your chance to clarify your position.

Most importantly, before you attend your appeal hearing, make sure you are prepared. You might want to rehearse what you will say with a friend and try to think of questions they may ask you. Be sure you have a coherent argument and plan to introduce at least one piece of evidence (a letter, witness, severance agreement) in your favor.

Witnesses can definitely help your case. If a witness you'd like to call still works for your former employer, however, and is concerned about appearing for you, you can ask the unemployment office to subpoena him or her. The office will comply with all reasonable requests to subpoena someone who can help your case.



Before your appeal hearing, if you are concerned that you will have difficulty making your case, you may want to look to some readily available sources for help. Depending on your financial situation and contacts in the community, you can use any one of these sources for help in developing your case:

• Legal aid societies. Many cities have legal aid societies that provide legal advice at little or no charge. Given your current job situation, you may qualify for this low-cost service. Many legal aid societies have dealt with comparatively simple legal matters, such as unemployment compensation appeals. Lawyers who work for such an agency or donate their time to one can review your evidence and give you advice on how to present it or how to reinforce your case with other evidence.
  
  
• Church and community groups. Many church and community groups have staff members or volunteers who can help with such events as unemployment hearings. If nothing else, you may be able to find someone who can help you rehearse and can attend the hearing with you to lend moral support. In addition, if you belong to a church, it's likely that they've helped other people in your situation. They may have some helpful ideas and advice.
  
  
• Professional organizations. Although you may have some reluctance about letting your colleagues know you are out of a job, if you belong to a professional organization, you have access to a number of people who can help you. The organization may have access to inexpensive legal counsel that you can use to help reinforce your case.
  
  
• Talk with an attorney. Working with an attorney may be an expensive option that is not worth the investment for what you may gain. However, if you or someone in your family has dealt with an attorney on other matters, the attorney may be willing to give you low-cost advice, given your current employment situation. It's not necessary to have an attorney go with you to the hearing. As long as you have prepared a coherent case, which an attorney can help you do, you have a good chance of winning your appeal.