Is it viable to fight an unemployment appeal without a lawyer?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it viable to fight an unemployment appeal without a lawyer?

I appealed (and lost) an unemployment case due to “deliberate misconduct”. All past MA cases emphasize “deliberate” as being necessary to prove and it clearly means intent. Neither the employer or DUA ever made a single statement even implying intent/deliberateness. I appealed to the Board of Review and won. Employer is now appealing in District Court. I’ve never been in court, and the amount at stake is too low to me to justify a lawyer (roughly $5k, as I only claimed for a short time). Is it viable for me to fight on my own? Feel the case is solid, especially since Board agreed with me.

Asked on February 1, 2011 under Employment Labor Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, you have nothing to lose, right?  Only five thousand dollars to gain.  I would suggest that you do your best to gather the cases you claim support your position.  Sometimes the cases are listed on the actual websites of the state Department of Labor.  Put together a succinct argument and yes, use the decision by the Board of Review as an outline for your presentation.  You will hopefully be cut some slack as to procedure, etc., in the District Court as you are not an attorney.  Make sure that you are well groomed for the appearance and well dressed.  It shows respect for the Court.  And never speak when your adversary is speaking and always address your adversary politely.  The Court as well but that goes without saying.  And good luck!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption