September 25, 2014:

The Law Offices of Joshua N. Garick obtained an order from the Lynn District Court remanding a decision of the Massachusetts Department of Unemployment Assistance (“DUA”) to the agency, and relieving the client from having to repay $41,488 in unemployment benefits claimed to have been fraudulently obtained.

At issue was whether the recipient of unemployment compensation intentionally misreported his net pay – as opposed to gross pay – from part time employment the client worked during a period of partial unemployment. In remanding the case, the DUA effectively conceded that it did not have a sufficient basis to find a fraud was committed.

The Law Offices of Joshua N. Garick, P.C. has extensive experience representing both employers and employees in unemployment hearings and appeals. Most companies and claimants do not realize that the best chance to obtain a favorable result is at the agency hearing where a hearing officer has the authority to make factual determinations and legal conclusions that will likely be considered binding on appeal. All appeals to either the DUA’s Board of Appeals or to a District Court face significant challenges because courts will often defer to the findings of the hearing officer. Thus, if a DUA hearing is scheduled, it is best to retain the services of a qualified attorney who can navigate you through the agency hearing process before it’s too late. If you have any questions about the unemployment insurance process or you have an upcoming hearing, please do not hesitate to contact us.