Do I need a lawyer for my unemployment appeal?

I was terminated from a security job because my employer stated I failed to document an incident that had occurred while I was on duty. I was the lead officer at this time. My problem with this is that it was not my job to document the incident, it was one of my subordinates. His entire job was to document any incidents and dispatch staff. Now my previous employer is appealing my unemployment benefits. They stated in their appeal statement that I was supposed to write the report of the incident before I left for the day. Again, this was NOT my job, my job was to make sure it was done. I made the mistake of assuming that my officer did his job. We were both terminated.
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Answers (3)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Too little information exists to make a knowledgable observation for you.

Get an attorney involved to investigate, do the legal research and provide you with a measured opinion.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Good luck to you. I am in Chicago. I do not practice in WA.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Alexandra A Filutowski

Alexandra A Filutowski

Contributor Level 4
Possibly. You may want to speak with a lawyer for a free consultation about the details of your case, specifically what was your job description, your subordinates' job description, and what was your performance review leading up to termination. However, from what you've provided in your question, I can answer with the following:

It appears that your former employer is arguing that you "willfully" failed to fulfill your job obligations. You must wait until the adjudicator at the Employment Security Department (ESD) makes a decision, which will be outlined in an ESD determination letter. If the ESD decides in favor of your former employer, you have 30 days from the date of the adjudicator's decision to send in a written appeal.

An appeal is handled by an Administrative Law Judge (ALJ). The appeal typically takes place over the phone, unless you request an in-person hearing. At the appeal you can submit a written brief on the law, documentary evidence and testimony of co-workers to support your argument. The ALJ usually provides an order with his/her decision within a couple weeks of the hearing.

Disclaimer: This posting is for information purposes only and does not create an attorney-client relationship between the poster and its readers.
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Nigel Stephen Malden

Nigel Stephen Malden

Contributor Level 4
Very good information in the last answers but here is my spin. Telephonic ESD hearings in WA can be a great opportunity to collect evidence and pin witnesses down if a possible termination claim is pending. The witnesses testify under oath and they are all tape recorded.

I think many people who make ESD claims need an attorney to present their best case and to make the right evidentiary record for any appeal. The problem is that the amount of money at issue is often not enough to justify hiring an attorney unless there is a credible wrongful termination claim.
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