Patricia A. Abell |Attorney at Law | The Normandy Building | 101 North Seventh St. | Louisville, KY 40202 | Phone: (502)561-3455 | pabell@patriciaabell.com
Copyright © 2012 by Patricia A. Abell, Attorney at Law. All Rights Reserved.
Patricia A. Abell |Attorney at Law | The Normandy Building | 101 North Seventh St. | Louisville, KY 40202 | Phone: (502)561-3455 | pabell@patriciaabell.com
I currently practice in Metro Louisville, and serve clients living in Jefferson and surrounding counties. If you live in Breckinridge, Bullitt, Hardin, Jefferson, Larue, Marion, Meade, Nelson, Oldham, Spencer or Washington counties in Kentucky and are interested in filing a Chapter 7 Bankruptcy please contact me for a consultation.
We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
Kentucky does not certify specialties of legal practice.
Personal Service and Experience at Competitive Rates.
REMEMBER: Your best chance of winning your case is at the Referee's hearing. After that the Commission and the Court look at the evidence presented in the Referee's hearing. It is extremely rare for you to be allowed to present additional evidence. You should operate under the assumption that you will NOT be the exception.
Only you can decide if hiring a lawyer is in your best interest. First, decide if you feel comfortable with the law and your position. Do you understand why they made the initial determination and what evidence is required to get them to change their mind? Have you read the information sent to you by the unemployment commission and do you feel comfortable preparing and presenting your own case? Keep in mind that the best chance you have to prove your case is at the Referee's hearing. If you lose at the Referee's hearing and then appeal, at the next stage, they will only look at the evidence that was presented in the Referee's hearing, and decide if the Referee had substantial evidence to support the decision. You generally do not get a second chance to prove your case. Also, consider the cost of hiring an attorney and the amount of money at stake if you lose Remember, having a lawyer does NOT mean that you will win. There are NO guarantees.
Other frequently asked questions about hiring a lawyer:
When should I hire a lawyer? If you choose to obtain legal representation, the sooner the better.
How much does it cost? Hourly rates are not regulated and the cost will depend upon the attorney's current hourly rate, the complexity of your case, and the length of the hearing. However, there is a Kentucky regulation that sets a maximum attorney fee in unemployment cases based upon a percentage of your potential benefit entitlement. This amount differs depending upon the amount of benefits that you are entitled to receive.
Can I wait and see if I win at the referee's hearing and then hire a lawyer if I lose there? Yes, but the best chance of winning or losing the case is at the Referee's hearing. After that hearing, you generally do not get to present new evidence. In other words you are stuck with the evidence presented at the hearing. Decisions made on appeals to the commission are based upon a review of the recording of the hearing and whether the Referee's decision was supported by substantial evidence.
If you decide to represent yourself, Kentucky has excellent information on its website, although it is sometimes difficult to navigate. For more information go to Kentucky Office of Employment and Training for unemployment information at oet.ky.gov/des/ui/ui.htm
If you want an attorney to represent you at an unemployment hearing, please call to schedule an appointment. or if you prefer email use the following link.
Patricia A. Abell
(502)561-3455
Should I hire a lawyer to represent me at the unemployment hearing? Maybe. While lawyers are not required at unemployment hearings there are certain situations where you should at least consider hiring an attorney. Obviously, if you aren't sure what you need to prove to win your case, hiring a lawyer may be a good idea. A few situations for which you should seriously consider hiring an attorney include:
1. You were fired but the initial determination says that you quit.
2. You were laid off and they say you were fired with cause or voluntarily quit.
3. You attend school, full or part -time.
4. You were out sick or on FMLA and then were terminated..
5. If you receive an initial determination that you think is wrong and you don't know how they could have made that decision. (It probably is not a mistake.).
6. Your employer said they weren't going to contest your unemployment but you were still denied benefits (It is not your former employer's decision. just because they don't contest it does not mean you are guaranteed benefits.
You may want a lawyer if you were fired and you think it was unjustified.
