judicial review of unemployment claim

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Comments (15)

Jennifer Gilbert in Marietta, Georgia

101 months ago

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

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Jennifer Gilbert in Marietta, Georgia

101 months ago

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

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mrsscales in Charlotte, North Carolina

101 months ago

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!

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pambsea in Winder, Georgia

94 months ago

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]

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need attorney in Morrow, Georgia

82 months ago

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.

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Mary inTampa in Tampa, Florida

82 months ago

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.

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Mary inTampa in Tampa, Florida

82 months ago

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.

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Mimi in Marietta, Georgia

70 months ago

I was terminated in 2/09 for reasons being that my company eliminated positions and mines was one of them. At the time I had illness in the family (parent and grandmother), I contacted the unemployment office and was told that there is not a statue of limitations and that I could file anytime. Well after my parent passed and after looking and not finding work I went in about a year later to be told that I'm not entitled to my benefits that I had waited too long. I am going to appeal their decision and also going to request a hearing for this matter. Are there any attorney's that are available in the Marietta area that have handled these type of cases that anyone is aware of?

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Mimi in Marietta, Georgia

70 months ago

Displaced Legal Professional in Denver, Colorado said: Have you searched Martindale?

The website is www.lawyers.com , www.martindalehubbell.com or www.lawyers.martindale.com .

Good luck with your case.

Thanks, I will check Martindale on tommorrow!

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Jennifer Gilbert in Marietta, Georgia

70 months ago

Mimi in Marietta, Georgia said: I was terminated in 2/09 for reasons being that my company eliminated positions and mines was one of them. At the time I had illness in the family (parent and grandmother), I contacted the unemployment office and was told that there is not a statue of limitations and that I could file anytime. Well after my parent passed and after looking and not finding work I went in about a year later to be told that I'm not entitled to my benefits that I had waited too long. I am going to appeal their decision and also going to request a hearing for this matter. Are there any attorney's that are available in the Marietta area that have handled these type of cases that anyone is aware of?

the following is the attorney who helped me with me unemployment hearing that went for judicial review - huge pain - the process but the attorney was great. She used to be a hearing officer for the labor dept. We won, too
(Lisa J. Sowers, P.C. 4x0x4x4x2x9x0x0x5x9
3522 Ashford Dunwoody Rd.
Ste. 141
Atlanta, GA 30319
Email: ljsowers@gmail.com

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Mimi in Marietta, Georgia

70 months ago

Jennifer Gilbert in Marietta, Georgia said: the following is the attorney who helped me with me unemployment hearing that went for judicial review - huge pain - the process but the attorney was great. She used to be a hearing officer for the labor dept. We won, too
(Lisa J. Sowers, P.C. 4x0x4x4x2x9x0x0x5x9
3522 Ashford Dunwoody Rd.
Ste. 141
Atlanta, GA 30319
Email: ljsowers@gmail.com

GOD BLESS YOU, I will call her in the morning! THANK YOU! I will post the result when I get them.

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Mimi in Marietta, Georgia

70 months ago

Displaced Legal Professional in Denver, Colorado said: Look for "Employment Law" and "Unemployment Benefits Claims" attorneys. After you've found one more more such attorneys, call them. Ask if they can help you. If not, ask them for referrals.

Thanks for the advice.....I will keep you informed. God bless you!

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Lisa in Albany, Georgia

66 months ago

Mimi...... how did your review go? I'm about to start the process myself and want to know if the attorney was helpful. Also, because I'm unemployed was there a huge fee involved.

Thanks
Lisa

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Mimi in Marietta, Georgia

66 months ago

When I called and spoke with Lisa Sowers regarding my situation I was told that it was a mute matter. In other words anyone that has been recently fired you need to file IMMEDIATELY!!!! Do not allow 2 months to pass without filing for your unemployment benefits that you are and should be entitled to regardless to when you file, the company has paid into the State these benefits for your and it is a part of your benefits as an employee.

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fantastic 7 in Powder Springs, Georgia

5 months ago

I had an appeal for an overpayment that is holding my benefits with the overpayment unit at dol and the hearing officer said they refused to participate or attend. What does this mean for me?

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