An employment attorney can be a useful resource for individuals who are going through periods of unemployment. These sources can be especially helpful for unemployment insurance (UI) recipients who feel as if they received a wrongful termination order or because they are interested in receiving workers compensation. While lawyers can be expensive, finding a reputable legal representative can be an important step for individuals who believe they are entitled to benefits they are not receiving.
In some instances, hiring an employment law attorney may be the only way that workers can learn about their legal rights in a job dispute. UI beneficiaries may even be able to work with an unemployment lawyer, who can help them appeal any unemployment denials they receive from the state department. In any case, it is important that workers understand how these legal professionals can assist them and if they are in a situation that warrants professional counseling.
What is an employment attorney?
An employment attorney is a professional who offers counsel to workers who believe they are being denied benefits or rights in a workplace setting. An unemployment lawyer has varied tasks from one day to another, and clients can come to him or her with various issues. For these reasons, these legal representatives must possess extensive knowledge about workplace matters and related laws. When employees decide to find a lawyer, they must be sure that the attorneys they choose are accredited to practice in the state where their legal issues take place. Furthermore, the clients must also ensure that the lawyers they select to represent them are reasonably priced. When applicable, petitioners should also try and see if anyone in their social network can recommend a good lawyer to them.
Do I need an employment attorney?
In many instances, applicants who were denied unemployment or are interested in filing a UI claim can handle these processes on their own. However, there are some instances when individuals may need to find an unemployment attorney to help them with their applications. There are also other legal subjects that these representatives can advise candidates on. In particular, workers may consider finding an attorney during the following circumstances:
- The claimants believe their employers were not following proper protocol or laws – If applicants believe that their previous employers were breaking safety regulations, they may consider contacting an employment law attorney to help them determine if they have legitimate cases.
- UI applicants quit their jobs, or they were fired – Depending on the states where the petitioners live and the reasons for their job loss, they may be eligible to collect UI. However, these situations can be more delicate than others that resulted in unemployment. For these reasons, applicants may find a lawyer who can help them complete and submit these documents to their state departments.
- State UI departments denied the petitioners’ applications – Often, UI applicants can manage their own appeals hearings. However, some candidates may be more comfortable having lawyers prepare their cases for them. In these instances, petitioners should search for legal representation to assist them.
Should I have a lawyer when I file an unemployment appeal?
Across the nation, the unemployment appeal process is designed to be accessible to individuals regardless of their financial status or education background. For these reasons, most states simplify this process so that anyone can represent themselves if they are denied unemployment by the state department. However, there may be circumstances where individuals feel more comfortable having someone with legal expertise manage their cases. For these reasons, some petitioners may prefer having a representative help them prepare their appeals.
An attorney for an unemployment appeal can help UI applicants through every step of the reconsideration process. In particular, these authorities can provide advice with the following topics:
- How to file the written appeal – In most states, claimants who are denied UI must provide a reason to their state departments as to why they believe their denials are unjust. Lawyers can help petitioners craft their responses.
- Gathering evidence and witnesses – After petitioners file their unemployment appeal letter, they will need to begin gathering evidence and witnesses to help prove their cases. Attorneys can guide applicants through this process and help them support their claims.
- Presenting at the hearing – Eventually, candidates will need to bring their testimonies and support in front of a judge. During this unemployment denial appeal hearing, lawyers can assist candidates with presenting their claims.
In any case, claimants must remember that an unemployment lawyer is not provided by the state. In some parts of the country, petitioners may be able to access free legal counsel through nonprofits in their states. However, applicants are responsible for finding their own representation, should they desire it.
Do I need a wrongful termination lawyer?
Claimants may need a wrongful termination lawyer to help them apply for UI if they believe they were fired from their previous jobs for unjust reasons. Often, petitioners who have a wrongful termination case were fired for inappropriate or illegal reasons. In some instances, employees may believe that they were fired due to discrimination. Additionally, some candidates may also need to have one of these wrongful termination employment lawyers if they think that they were fired in an act of revenge or retaliation. In these circumstances, petitioners should consult with a legal professional to help them determine if they have a case against their former employers.
What are workers compensation lawyers?
Individuals may consider hiring workers compensation lawyers if they believe they are not receiving proper payment after a work-related injury. This is especially true if former employees believe they are entitled to workers compensation and are currently without work. A workers compensation attorney can help individuals to quickly and efficiently collect the funds they deserve after having an accident at work. Once employees are injured and seek medical treatment, they should receive a compensation package offer from their former employers. In these circumstances, an employment law attorney can help claimants to assess their packages and determine if they are adequate. Likewise, lawyers can help petitioners to request greater compensation packages to help obtain the funds they deserve.