If my former employer filed an appeal about my UC benefits on the last possible day, do I need a lawyer for the hearing?

UPDATED: Aug 25, 2012

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If my former employer filed an appeal about my UC benefits on the last possible day, do I need a lawyer for the hearing?

I’m nervous and broke because I wasn’t expecting them to appeal after not hearing anything for a long time and having no income. They filed on the last possible day. I was fired with them claiming poor cash control and missing lottery tickets when I didn’t do either, and the only proof they have is paperwork without any concrete evidence such as videotape or witnesses. What should I prepare for, do I need a lawyer, and what are my chances on winning the appeal?

Asked on August 25, 2012 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) How you should prepare: marshall your own evidence. If you have any documentary evidence, organize it and bring it with you; if you have other witnesses who will testify in your behalf, make sure they'll be available; and review your own testimony, to make sure you won't miss anything.

2) Should you have a lawyer? Yes--having an attorney with experience in unemployment cases will dramatically increase your chance of winning.

3) Your chance of winning? It depends on the strength of both sides' evidence and how persuasive any witnesses are, so it's impossible to say in the abstract. Do not underestimate, though, the power of "paperwork" as evidence--often, that's better than witnesses, especially witnesses with an obvious bias (like yourself).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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