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Preparing for an Unemployment Hearing


Tip: The odds of winning an appeal are not in your favor if you lose at the initial hearing. The amount of time needed to review the transcript or tape of the proceedings, prepare an appeal brief, and reargue the case often makes it expensive and time-consuming. Depending on the particular facts of your case, appealing the hearing may not be worth it. However, if new material facts come to light, if relevant witnesses are willing to come forward and testify at an appeal hearing, or if the success of another case (such as a discrimination lawsuit that was previously filed) depends on a successful outcome of the unemployment matter, this could make a difference.

Typically, you have only a specified period of time (say 30 days) to file the appeal, so do this timely to avoid having the appeal dismissed due to a technical error.

Tip: Speak to an employment lawyer if you have already received benefits and now are being asked to return the money because you lost the hearing. In some states, the failure to return benefits is a crime and you can be prosecuted. The author has structured settlements for many clients with a small payout over time (and often no interest charges imposed) to diminish the burden of having to pay all the money back immediately. Women out of work with insufficient funds can do this with a lawyer's assistance, so inquire about this where appropriate.

Copyright 1998 Steven M. Sack

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