Is it viable to fight an unemployment appeal without a lawyer?
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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 13 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!
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