Monday, March 25, 2024

Unemployment Lawyers In Washington State

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How To File An Unemployment Appeal

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You must file your appeal within 30 days of the mailing date on the decision letter. You can mail or fax your written appeal to the Employment Security Department, which will forward it to the Office of Administrative Hearings. The decision letter will tell you where to send or fax your appeal you can also find this information at the Employment Security Department’s Unemployment page.

When you file your appeal, make sure to briefly explain why you believe you should receive benefits. For example, if the decision letter states that you were denied benefits because you were fired from your last job for misconduct, you might state, “I was laid off along with the rest of my department when the company outsourced our jobs.” Or, if the letter states that you did not work enough hours during the base period, you might say, “The Department stated that I worked 60 hours in the second quarter of 2019, but I actually worked 600 hours during that period.”

Throughout the appeal process, you should file weekly claims for unemployment benefits, look for work, and keep records of your job search, just as you would if your application for benefits had been granted. This may seem like a waste of time, but it’s not. If you win your appeal, you will be entitled to benefits retroactively from the time your application should have been accepted â but only if you’ve been following the usual rules to receive benefits.

Us Bankruptcy Court Western District Of Washington Filing Without An Attorney

The purpose of the Filing Without and Attorney section of the U.S. Bankruptcy Courts website is to provide the pro se filer, , with access to some information about the bankruptcy process and information about local procedures that you must know. This site includes checklists, forms and filing guides for both Chapter 7 and 13 Bankruptcy.

Failing To Meet The Earnings Requirements

In most states, you must have earned a minimum amount in wages from employers who are covered by the state’s unemployment laws , during a 12-month stretch called the “base period,” in order to qualify for benefits. Washington doesn’t have an earnings requirement, but you must have worked at least 680 hours during the base period to receive benefits.

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Washington Human Rights Commission File A Complaint

Any individual who believes that he or she has been discriminated against based on protected class status may file a charge of discrimination with the WSHRC.

Under the law, everyone has the right to be free from discrimination at work, in housing, in a public accommodation, or when seeking credit and insurance. A discrimination charge in employment, public accommodation, credit and insurance must be filed with WSHRC within six months from the date of the alleged violation in order to protect your rights. A discrimination charge in housing must be filed with the WSHRC within one year from the date of the alleged violation.

For Housing complaints and Credit complaints contact the WSHRC directly at 1-800-233-3247.

Tips On Hiring An Experienced Lawyer With Unemployment Benefits Cases

Unemployment Lawyer Washington State

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers whove been practicing law for many years tend to be in high demand. You should look for information about a lawyers experience and ask questions during the initial meeting. Its a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

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What Do I Do If I Want Representation

Step One:

Have the Office of Administrative Hearings send your docket or case file to the Unemployment Law Project. They can be reached at 509-456-3975 or at 1-800-366-0955 .

ULP Tip: We are unable to represent people who do not yet have a docket number. If this applies to you, look carefully through our FAQs as your question or concern may be addressed there. If you have not found the answer to your question after that, you can reach out to our office at 206-441-9178 to request a free advice appointment with one of our staff attorneys.

Step Two:

Schedule an Intake Interview. To do so, you can call our Seattle office at 206-441-9178 and select the hearing extension or call our Spokane office at 624-9178. Leave your name, docket number, a good call back number, and the hearing date if applicable on a voicemail, and one of our staff will follow up with you to schedule an intake interview as soon as we are able to.

Step Three:

Do the Intake Interview: During the intake interview, someone from our office will ask you questions about you and your file in order to build a case file for you and your docket.

Step Four:

Follow up on your intake interview after 1 business day has passed by contacting our office at the hearing extension . Leave a voicemail stating that youre following up on your intake interview as well as include your name, docket number and a good call back number. Someone from our office will return your call to discuss next steps shortly thereafter.

Result:

What Rekhi & Wolk Can Do For You

When you work with our employment attorneys, we will leverage our over 50 years of combined experience representing public and private employees against employers of all sizes to get you justice and the compensation you deserve. No matter your background, experience, payscale, or the size of your employer, we will fight for you.

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My Approach To Employment Law

Litigation is both an expensive and stressful experience. As a trial lawyer my focus is to keep litigants out of trial if possible. With my experience representing both employees and employers in employment- and labor-related matters I will analyze the strengths and weaknesses of the case and develop a comprehensive approach to case management. I handle employment law-related matters at all stages, including the initial workplace investigation resulting in pre-litigation advice to potential litigants in both state and federal courts. I will assist you with developing an effective strategy for the prosecution or defense of an employment law-related lawsuit.

Common Legal Terms Explained

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Pro se This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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What Sort Of Issues Can I Seek Legal Help With

Specialized legal help is available for most legal issues. Each case is unique seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances such as being charged with a crime where you should always seek experienced legal help.

Quitting Your Last Job

To collect unemployment, you must be out of work through no fault of your own. So if you quit your job voluntarily, without good cause, you won’t be eligible for benefits. In Washington, good cause to quit includes leaving a job to relocate with a spouse or domestic partner, to care for a seriously ill family member, or to avoid unsafe working conditions that the employer won’t correct.

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Need Help With An Employment Matter

You’ve come to the right place. If you are involved in an employment dispute or face an adverse action by your employer, an employment lawyer can help.

Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements.

Use FindLaw to hire a local employment lawyer near you who can help recover from issues ranging from employment contract issues to sexual harassment.

When You Might Need A Lawyer For Your Unemployment Claim

Unemployment Lawyer Vancouver Wa

Filing for unemployment benefits is usually a relatively straightforward procedure. In most states, you can file your claim online. Check your stateâs unemployment insurance agency to find out how to apply. If you were laid off from your job, you probably donât need to consult with a lawyer about applying for benefits.

However, some situations present issues that are more complicated. For example, if your state allows you to file for benefits if you resigned for âgood cause,â you may want to find out if quitting to care for an ill family member qualifies as âgood cause.â Or, if you were fired for being late to work, you may want to know if this qualifies as âmisconduct,â which would disqualify you from receiving benefits. An employment lawyer in your state will be able to answer these kinds of questions.

You may have already filed and received a denial of benefits from your state unemployment insurance agency. If you are considering appealing this decision, you may want to hire a lawyer to represent you in the appeal.

An appeal of an unemployment insurance denial may involve a hearing before an administrative law judge and could even result in a filing with the superior court. Your former employer will likely have its own lawyerâs assistance at this stage , which can involve preparing a âwritâ . Although unemployment appeal hearings are less formal than court proceedings, your chances of winning your appeal are greater if you have legal advice.

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How To Apply For Unemployment Benefits

The best and fastest way to apply is online. You can apply by phone, but not in person. At this time, you cannot apply in person. The steps below will guide you through the process.

Get ready to apply

Before applying, gather information youll need. Visit the Have this information ready webpage or see page 1 of the Unemployed Worker Handbook.

Reasonable accommodation. Information on reasonable accommodation is available for unemployment benefits customers with disabilities.

Denied For Unemployment During The Coronavirus Pandemic Here’s What You Need To Know

Passed in response to the coronavirus pandemic, the federal Coronavirus Aid, Relief, and Economic Security Act temporarily expands unemployment eligibility to many people who wouldn’t otherwise qualify under state laws. Under the Pandemic Unemployment Assistance program, which was a part of the CARES Act, self-employed individuals, gig workers, and those who don’t have enough work history under their state’s laws will generally qualify for benefits if they’re unable to work for certain reasons related to COVID-19.

If your unemployment claim was denied, and you believe you’d be eligible under the PUA program or your own state’s expanded eligibility rules, your next step will depend on where you live and how your state implements the PUA program. For example, some states might require you to file a separate application to receive benefits under the PUA program. In other states, you might need to receive an unemployment denial before you can be considered for eligibility under the PUA program. And if your claim was denied under your state’s old rules, you might be able to get a second look before you need to file an appeal. In Arizona, for instance, you can ask for a redetermination of your claim based on the latest eligibility requirements.

Wherever you live, it’s important that you keep checking with your state unemployment insurance office for updated information. And if you can’t get through on phone lines or the website keeps crashing, try and try again.

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What Does An Unemployment Lawyer Do

It is not necessary for an individual to hire an unemployment lawyer simply to file a request for unemployment benefits. Although there is nothing against hiring an unemployment lawyer for this reason alone, unemployment lawyers are typically only consulted when a claim for unemployment benefits is denied or especially complicated.

In general, the most common reason as to why an unemployment lawyer is usually hired is to help a worker file an appeal when their claim for unemployment benefits gets denied. An unemployment lawyer will assist the worker in filling out the necessary paperwork and can provide legal representation at their administrative hearing.

If a worker is still denied unemployment benefits after the appeal hearing, an unemployment lawyer may be able to appeal the decision of the administrative panel in state court. Accordingly, unemployment lawyers can provide guidance and representation throughout every stage of a states unemployment benefits appeals process.

Another major part of an unemployment lawyers job consists of bringing lawsuits against employers on behalf of workers. For instance, if a worker is denied unemployment benefits because their employer is alleging that they were fired for good cause, then a lawyer can file a lawsuit if the worker believes that their employer actually fired them because of their gender or pregnancy status.

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When Do Unemployment Benefits Get Deposited

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In most cases, once you complete your initial application and its approved, youll receive your first benefits in about two to three weeks if you use direct deposit, sometimes a bit longer if you have your check mailed to you. After that you can often expect to receive pay once a week if you correctly applied the week before. In some states or some circumstances that may vary, however, so no need to panic if your payments come a bit later. If youre concerned that its been too long, reach out to your local unemployment office.

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How Do I Choose A Lawyer

Consider the following:

Comfort Level
– Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials
– How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost
– How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?
City

What Types Of Services Do Unemployment Law Attorneys Provide

Depending on a clients needs, an unemployment lawyer can provide many different kinds of legal services. Some examples of the types of legal services that an unemployment law attorney may offer their clients include the following:

  • Drafting necessary legal documents to file a claim or related unemployment lawsuit
  • Assisting a client in completing paperwork to file for unemployment benefits
  • Providing legal representation in civil court or at an administrative hearing
  • Ensuring that their client is collecting the proper amount of unemployment benefits
  • Filing a lawsuit against an employer for an issue connected to why a client was denied their request for unemployment benefits
  • Helping a client to gather sufficient evidence to file a request for unemployment benefits or a lawsuit associated with a claim for unemployment benefits
  • Assisting a client in filing an appeal against a denial of unemployment benefits
  • Making sure that client not only satisfies the criteria for a state unemployment benefits program, but also meets all of the claim deadlines and other requirements and/or
  • Defending a client against charges that accuse them of committing unemployment fraud .

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How Do I Appeal

You have 30 days from the date on the decision to send an appeal. In your appeal, state the following: I want to appeal the denial of unemployment benefits because I disagree with the decision. I want a hearing, and I want a copy of my file. Here is a template you can use .

You can appeal in three ways:

  • Mail the form or letter to the address on the notice
  • Fax it to the number provided on the decision that denied you benefits
  • Appeal online through your eServices account.
  • Log into your eServices account, select the status tab, look for the decision you want to appeal, and choose Appeal.
  • Make sure you keep copies of anything you mail, fax receipts, and a screenshot confirmation of your appeal submission.

    Unemployment Benefit Legal Issues

    Unemployment Lawyer Vancouver Wa

    Having legal counsel to obtain unemployment benefits can make a difference. It is best to hire a Seattle lawyer who handles unemployment benefits cases. He or she can form the arguments to use at the appeal hearing, meet the deadline for filing your appeal and present your case to the administrative judge.

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    What To Expect From An Initial Consultation

    • Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
    • Its important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
    • Discuss how the practices billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

    An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

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