September 4, 2012:
Joshua N. Garick recently appeared before a Hearing Officer of the Department of Unemployment Assistance (DUA) on behalf of his client who was denied unemployment compensation because she quit her job. Mr. Garick aggressively cross-examined three employer witnesses and was able to prove that the employee had no choice but to quit because she was subjected to unreasonable harassment at the hands of her employer. The employer appealed the decision to the DUA Board of Review who affirmed the Hearing Officer’s findings.
Unemployment hearings, although informal, are adversarial and can turn contentious. The hearing rules allow direct and cross-examination of witnesses, subpoenaing of documents and witnesses, and the opportunity to argue legal issues. Having legal counsel at an unemployment hearing could mean the difference between a finding of eligibility and of disqualification. If you have an unemployment issue – whether you are an employer or a terminated employee – please do not hesitate to contact us for a no obligation consultation.