Denver Colorado Unemployment Insurance Attorneys

DENVER AREA UNEMPLOYMENT INSURANCE ATTORNEYS PREPARE PAPERS AND WITNESSES NECESSARY FOR A SUCCESSFUL UNEMPLOYMENT HEARING AND REPRESENT YOU AT THE HEARING

” Brian was empathetic and efficient. After our meeting he gave me a sense of solace.  He immediately submitted my evidence and interviewed witnesses.  Friday unemployment called me to inform me my employer dropped the appeal. My only regret was not going to him after my wrongful termination.”

Crista T.

” Thank you very much for your help regarding my unemployment claim. Your focus and professionalism towards my case made me feel confident and secure. You took your time explaining the process and the attention you gave to my individual case made me feel as if you took my situation personal. You are very knowledgeable in your profession and I would refer you to anyone who was in need of legal services regarding unemployment.”

Kimberly  G.

“Brian:

I just wanted to thank you for your expertise in this matter.  We appreciated everything you did for us and we will gladly recommend you to anyone that may need your services. Sincerely and once again thank you,”

Aldora G., Manager at Nail Builders, Inc.

 

Hi Brian,

“We won. I can breathe again.  Thanks for all your help.

Best,”

David S.

Unemployment appeal attorney fees:

Call us to chat for free about how we might help you.  If you hire us, unemployment appeals are handled for an hourly fee of $200, but our fees are capped.  For $750 we take over the entire handling of your appeal and attend your appeal hearing by telephone.  For $950, we attend your hearing in person.  We write off any charges above that total.  For your fee, we cover as many client meetings as necessary, prepare all filings with the Department of Labor, conduct prehearing  investigation and witness preparation, obtain subpoenas of witnesses or records, and act as your legal representative at your hearing.

We do not charge for a preliminary phone consultation to help you assess whether to hire us.

Get legal representation at the hearing officer stage.   The appeal hearing before the hearing officer is your only chance to present all your arguments, witnesses and evidence.  You don’t get another opportunity.  If you don’t have a lawyer for your hearing, you are endangering your claim.

We charge $600- $650 for appeals of hearing officer rulings to the Industrial Claims Appeals panel.  The appeals panel makes its decision on the basis of the evidence in the record previously submitted in the case.  The panel will not hear new evidence or arguments which could have been raised before the hearing officer.

Before you appeal the deputy’s decision, or respond to an appeal from the other side, you should have a lawyer.  What you say in your appeal documents must track the law.  Careless statements written in your appeal will hurt you at the hearing.  New facts or arguments, cannot be introduced for the first time at the hearing.  Evidence and requirements of proof are more like being in court than you might expect.  The law for appeals hearings says the rules of evidence shall conform, to the extent practicable, with those in civil cases in the district courts of Colorado.

Under many circumstances an employee who quits work may still qualify for benefits.  But never assume that you will qualify for unemployment if you quit.  Talk to a lawyer before you quit.

Talk to a lawyer before you write a letter explaining what happened at work, or apologizing.  These often backfire.  For example, one client wrote his supervisor to acknowledge he had made a mistake and ask for leniency.  To the unemployment hearing officer, this was an admission the employee  was at fault.

If you are an employer and do not want to pay the employee benefits, make sure your documentation supports denial of benefits when you terminate.  Most employers assume wrongly that just because they have the right to fire an employee, that means the employee does not get unemployment.

We Know the Issues Involved

It is not the hearing officer’s role to explain the Colorado Employment Security Act, or tell you about cases interpreting the Act.

You Must Prepare and Participate
If you are a claimant and the employer wins the appeal, your benefits will be stopped and you may be asked to repay benefits you already received.

The hearing officer’s decision is based only on evidence presented at the hearing. You must present and defend your position. You must know what facts are going to be important to the hearing officer based on the law.  Without a lawyer you will only be guessing.

We also protect against employer audits, repayment demands, or claims of fraud. Know your rights.  File on time.  Penalties are severe – up to 65% in addition to the claimed overpayment.

Brian,

I left you a message to call me back but, I could not wait to tell you this. I received a call from a Lisa at the Executive Office of Dept. Labor who asked me a few questions before saying she was relieving me of my obligation to pay back monies. She explained how the error occurred and apologized for the experience. She said the seized tax refund would also be returned.

Thank you for everything!
Sergio

Read these topics at the Stutheit & Gartland  blog tab:

Colorado Unemployement – overpayment penalties – posted September 18, 2014

Unemployment – involuntary resignation – posted December 24, 2013

Wage claims – January 21, 2014

Medical marijuana endangers unemployment benefits – 06/25/2012

Overpayment, fraud and audits – 05/17/2013

Unemployment law – Brian Stutheit interviewed on NPR -September 25, 2013

Unemployment appeals hearings FAQs – September 8, 2013