How to Win Your Georgia Unemployment Appeal - Why You Need to Hire an Attorney

Filing an unemployment claim can be a complex process, and if your claim is denied, you may need to appeal the decision. While it’s possible to handle an unemployment appeal on your own, hiring an attorney can significantly improve your chances of success. Here’s how to approach an unemployment appeal and why an attorney is crucial for winning your case.

The first step in winning an unemployment appeal is understanding the process. If your unemployment claim denied, you’ll receive a written Claims Examiner’s Determination from the Georgia Department of Labor (GDOL) explaining the reasons for denial. The next step is filing an appeal with the GDOL Appeals Tribunal. The process involves:

• Filing a timely appeal - You must file your appeal within 15 days following the mail date of the Claims Examiner’s Determination. You can file either via the GDOL’s MyUI Claimant Portal, or by sending an email to the Appeals Tribunal. You do not need an attorney to file the appeal, as you are not required to present any evidence or arguments until you have your hearing.
• Processing appeal - After the appeal is timely filed, the Appeals Tribunal will process the appeal and mail you and the employer a Notice of Appeal filing, along with a packet of documents related to your case, which will be transmitted to the Hearing Officer. It is important to keep the Appeals Tribunal notified of any changes to your mailing address, as they typically only transmit documents by regular mail.
• Scheduling telephone hearing - After the appeal is processed, the Appeals Tribunal will schedule a telephone hearing and mail you and the employer a Notice of Telephone Hearing. It may take several months, or even a year or so, to get a hearing date after you appeal. The hearing is the parties’ opportunity to make a record, by presenting witness testimony and evidence.
• Hiring an attorney - As explained below, once the hearing has been scheduled, it is critical to hire an attorney. Having an experienced unemployment appeals attorney is the best way to ensure that you present the strongest possible case during the hearing and do not make a costly mistake.
• Presenting your case - During the hearing, both you and the employer will have the opportunity to present evidence, such as records and documents, and witness testimony, to support your respective positions. An attorney can help ensure that your evidence is properly submitted in advance of the hearing, and that you present the strongest case possible.

The success of your unemployment appeal will depend heavily on the quality of the evidence and testimony you present. During the hearing, the decision will be based on facts, so it’s important to gather compelling evidence to prove that you were entitled to unemployment benefits. This might include:

• Pay stubs or employment records to demonstrate your eligibility based on your work history.
• Communication records (emails, texts, or written correspondence) that show the reason for your termination and whether it was justified.
• Witness testimony from coworkers or other individuals who can support your claims.

An attorney will help you organize and present this evidence effectively and prepare you to testify during the hearing. If the employer has access to the evidence you need, your attorney can subpoena the necessary information from the employer or subpoena relevant witnesses to testify during the hearing. Your attorney will also know how to cross-examine witnesses, challenge the employer’s evidence, and make a closing argument at the end of the hearing.

Unemployment law involves a variety of legal issues, including the reasons for termination (e.g., misconduct, voluntary resignation, or layoff) and your eligibility for benefits. For example, if you were terminated for “misconduct,” the burden of proof is on the employer to show that your behavior met the legal standard for misconduct under state law. An attorney can help:

• Identify potential legal defenses - For instance, if you were fired for a reason that doesn’t qualify as misconduct under the law, an attorney can argue this on your behalf.
• Argue wrongful termination - If your termination violated state or federal labor laws (e.g., discrimination or retaliation), an attorney can help raise these points during the hearing.
• Address employer inaccuracies - The employer may, for example, erroneously claim you quit voluntarily or were involved in misconduct. Your attorney can challenge these claims through effective cross examination and/or by presenting evidence that shows otherwise.

The appeals process can be fraught with pitfalls. Missing deadlines, submitting incomplete paperwork, or failing to properly present your case can result in your appeal being denied. Common mistakes include:

• Failing to provide adequate evidence of your eligibility.
• Not addressing or properly rebutting your employer’s claims.
• Misunderstanding the specific legal grounds for the denial.

An experienced attorney will know the ins and outs of the appeals process and help you avoid these common mistakes.

We highly recommend that you hire an attorney as soon as possible after you receive notice of your hearing date. It is common for the GDOL to provide very short advance notice (sometimes just a few days) before the hearing. It is critical to give your attorney enough time to prepare your case. The initial appeal hearing is the most important time to have an attorney. Do not make the mistake of handling the initial hearing on your own, and then involving an attorney only if you lose. Since the “record” is closed after the initial hearing, you will be unable to submit any additional evidence or testimony if you appeal to the Board of Review. In other words, an attorney may be unable to “clean up the mess” if your initial hearing was not properly handled.

While it is possible to handle your unemployment appeal hearing on your own, hiring an attorney greatly increases your chances of success. The potential benefits typically far outweigh the costs. Here’s why:

• Expertise in unemployment law - The Georgia unemployment appeal lawyers at Fidlon Legal understand the nuances of the Georgia unemployment regulations and state law. This knowledge can make the difference between winning and losing your case.
• Strategic legal representation - An attorney will know how to frame your case and present your best evidence, argue your points persuasively, and anticipate the opposing arguments the employer may present.
• Peace of mind - Navigating the appeals process can be stressful, especially if you’re facing financial hardships. Having a lawyer handle the legal details can relieve that stress and give you a better chance at a favorable outcome.