If i have a lawyer, do i have to be present for the hearing of an appeal for denied unemployment?

Asked over 1 year ago - Charlotte, NC

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I was terminated for job performance. my benefits was denied for a period of 2 mths. I feel that I was terminated by a different standard than other employees. I have obligations that will not let me be present at the time of the hearing. I really don't want to reschedule the hearing.

Attorney answers (4)

  1. Contributor Level 14

    Answered October 17, 2011 06:40. Yes, you will need to be present for the hearing and to testify even if you have an attorney.

    Kirk J. Angel is a North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has... more
  2. Contributor Level 13

    Answered October 17, 2011 09:31. It would be very difficult for an attorney to represent you at an ESC hearing without your being present, as your testimony is likely key to your case. If getting those two months of benefits is important to you, you need either to reschedule the hearing or show up for it.

    (The attorney responding is licensed only in the state of North Carolina. This response does NOT constitute legal... more
  3. Contributor Level 15

    Answered October 16, 2011 13:50. You should go to the hearing. Your attorney cannot answer questions or make statements for you. If you are not there to present or defend your case, the hearing officer will believe just about anything your former employer says during the hearing, because you are not there to contradict their statements. Also, in certain cases, not showing up for an unemployment hearing means that the other side wins by default.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more
  4. Contributor Level 7

    Answered October 17, 2011 10:02. You should discuss this matter with your lawyer. He or she is in the best position to give you advice regarding a specific case.

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