LAW OFFICES of KEVIN J. MCQUADE LLC
UNEMPLOYMENT APPEALS LAWYER NORTH ANDOVER MA
If you have been denied unemployment, you can request a hearing. If you are awarded unemployment benefits, your employer can request a hearing to change that decision. I will represent you at your unemployment hearing under a flat fee agreement. You will know the cost up front, and you will not incur hourly charges.
To get started, I will meet with you to learn the important details of your claim, then work with you to gather evidence needed to present your case. I may ask you to gather documents related to your employment, including a personnel file, an employee handbook, and any company policies regarding discipline. I may also ask you to retrieve a copy of your case file from the DUA Hearings Office. As needed, I will research relevant law and past unemployment decisions. Then, utilizing all of that information, you and I will work together to create forceful arguments to help you win the benefits you deserve.
I will explain the hearing process and help you feel comfortable about giving testimony to the Hearings Officer. I will attend the hearing with you and ensure that you get an opportunity to tell your side to the story. I will also cross-examine your employer’s representative to make sure the truth is told. At the close of the hearing and if allowed, I will give a final argument highlighting the strengths of your case.
Call me today or fill out the Consultation Request form on the Contact Page. Then,let my experience help you collect your benefits.
For More Detailed Information on the unemployment claims process, read below:
If you become unemployed in Massachusetts, you may be eligible for unemployment benefits. You may also be eligible if your employer has reduced your weekly hours and pay. Either way, you must be able to work, available for work, and actively looking for a job.
In general, you will be eligible for benefits if you left your job “through no fault of your own.” Whether you were fired or you had to quit, you may still be eligible. You can be eligible even if your company has given you a generous severance package. It is best to file your claim immediately. You may file your initial claim by phone or online.
As part of the application process, you will provide your version of the events leading up to your separation from work. Your employer will do the same. DUA will then send you a notice informing you whether or not you are eligible. Either you or your employer may appeal DUA’s initial decision. If DUA has denied your claim, it is extremely important that you follow the directions on the notice. You must appeal within the time allowed. If you do not, you will most likely lose your right to an unemployment hearing.
A DUA review examiner will conduct the hearing. The hearing is relatively informal. It will ordinarily take place around the conference table in a small room. The hearing will usually last about an hour and will be recorded.
This hearing is usually your only opportunity to present evidence regarding your claim. You are not required to have legal representation. You can represent yourself. It is wise though to have an experienced lawyer on your side. The most common issues are:
- whether termination was for deliberate misconduct in willful disregard of the employer’s interest;
- whether termination was for a knowing violation of a reasonable and uniformly enforced company rule or policy;
- whether the employee was terminated because he was unable to do the job;
- whether the employee voluntarily quit;
- whether the employee can credibly establish that he left for a good reason caused the employer; or
- whether the employee had to quit for urgent and compelling personal reasons so as to make the separation involuntary.
At most unemployment hearings, the review examiner asks questions of each party, followed by a redirect by the representative and cross-examination by the other party’s representative. In a voluntary quit case, the claimant testifies first and has the burden of proof. In a discharge case, the employer testifies first and has the burden of proof.
Following the hearing, the examiner will decide whether you are entitled to benefits. It may take 3 to 6 weeks to receive the examiner’s decision.
The examiner’s decision may be appealed to the Board of Review. The Board of Review is an independent appellate review board within the Department of Workforce Development. This appeal must be filed within 30 days of the date when the review examiner’s decision was mailed.
I have successfully represented both employers and employees at DUA Appeals Hearings. I have also had success at the Board of Review. If you have questions regarding the unemployment process, or you seek representation for an Appeals Hearing please contact me.