judicial review of unemployment claim

Please anyone help. I was laid off/fired from a job with a law firm in May of 2007. The firm split and I went with one part. First day with split off firm (I was still working in the same office for the same people) My hours were cut in half and I filed for unemployment and then I was fired. I was awarded unemployment but it went against the first firm because I did not have a enough hours with the 2nd. I had to sign a resignation with the 1st firm on 4/23 that they prepared. The other happen on May 1st. They said I voluntarily resigned - not true - I did not have a choice. The first firm lost/closed 10 offices down to 2. I no longer had a job with the 1st one. I was awarded unemployment. It has been appealed and went in my favor each time. NOw the law firm has filed in Superior COurt for judicial review. I need help I cannot find an attorney who handles this kind of thing. I spoke with an attorney for the dol. He says 99 % of people do not have atty. He said they do not attend. they forward the transcript from the hearing and all the decisions. DOes anyone know someone who could help me? Does anyone know how the hearing works, etc.? I am anxious for information. My benefits ended in October. This has been one of the most stressful things. It was bad enough being out of work, but then to be hounded by a law firm. A sheriff came to my house on a rainy sunday morning to deliver the summons. If I lose I have to pay back money I do not have. At the hearing with the dol, conducted over the phone, the attorney was pretty fierce. To say that I am scared, very true. BUt this whole thing is very wrong. These people did me dirty and now they are dragging this thing out just because they can. Thank you

I don't believe you cannot find an employment law attorney who won't at least see you. Look in the phone book. I understand Georgia is very much pro employer state, so you really need to get some help. Also try Legal Aid.

I am not giving you a legal opinion because I cannot, but being forced to sign a resignation is tantamount to being terminated. As long as you did not cause your termination you are entitled to benefits. I had a similar situation several years ago and I won at hearing.

Good luck.

Displaced Legal Professional in Denver, Colorado said: I don't believe you cannot find an employment law attorney who won't at least see you. Look in the phone book. I understand Georgia is very much pro employer state, so you really need to get some help. Also try Legal Aid.

I am not giving you a legal opinion because I cannot, but being forced to sign a resignation is tantamount to being terminated. As long as you did not cause your termination you are entitled to benefits. I had a similar situation several years ago and I won at hearing.

Good luck.

Thanks, I have called all the labor/employment attorneys I could find and noon seem to handle unemployment hearings. I guess because there is not alot of money involved. I even have some attorney friends searching for me. I plan to call legal aid today. Thanks

I have been through that same situation. The unemployment office should be able to give you a list of attorney's. When I went thru the hearing before the judge, I had an attorney. Everything went fine. I won the case. Collected unemployment for 6 months. Never heard anything else until I moved out of state. Called to inquire about reopening my claim, I was informed that I had return all funds. WTF! I was shocked. They said the board of review had overturned the judge's decision. Needless to say. I keep getting correspondence from the Unemployment office stating that I owe over $6,000 dollars. Good Luck!

Jennifer Gilbert in Marietta, Georgia: "I have called all the labor/employment attorneys I could find and none seem to handle unemployment hearings. I guess because there is not a lot of money involved. I even have some attorney friends searching for me . . . . "

Maybe one of the attorneys might be willing to do you a favor and appear for you.

Also try your city or county bar association for a referral.

Once again, best of luck.

The lawyer I am working w/ could lead you or perhaps help you.Kent Silver in Athens.#7065486869.He kmows a lawyer specialing in Emoloyment Law. GOOD THOUGHTS pambsea [PS YOU HAVE A SHORT WINDOW]

need attorney to represent me in superior court benefits denied. reason quit the company did not pay commissions earned . evidence of sevaral people they did not pay could not be entered in the unemployment appeal. it can be entered now to prove that was reason for leaving company. if company do not pay earned income is it a good enough reason to quit and be entitled to unemployment benefits. Need reply only have 10 days to file superior court. claimagainst company email willardmahan2510@comcast.net pls reply soon.

Look for an attorney in your local Yellow Pages. Or, as I wrote, above, you can call your city, county or state bar association for a referral

Look for an attorney in your local Yellow Pages. Or, as I wrote, above, you can call your city, county or state bar association for a referral.

Were you a real employee - or were you considered self employed? You said you weren't getting paid commissions. If you were a commission employee, I'm inclined to think you are considered self employed. Self employed do not get unemployment benefits.

You may have gotten tricked into taking a job, a sales job, thinking you were an employee of the company, but were actually considered an agent or self semployed.

Court reporting is considered self employment. If I get any court reporting work right now, whether I get paid or not, I will lose my unemployment benefits.

need attorney in Morrow, Georgia said: [I]f company do not pay earned income is it a good enough reason to quit and be entitled to unemployment benefits....

Just to play devil's advocate, the employer could argue that you jumped the gun by leaving and it would have paid you eventually. In other words, your departure could be considered a "quit" and render you ineligible for UIB. At least in Colorado, whoever is responsible for the termination determines if a claimant is awarded UIB.

I agree with Mary that you must clear up any questions about employee v. self-employment. You really should contact an attorney.