Do I Need a Lawyer for an Unemployment Appeal

My question involves unemployment benefits for the state of: New York

I was approved for benefits in early june, after my former employer contested and the investigation was found in my favor. Now my job is appealing and there is a court date pending.

My former employer is saying they sent me home for texting and that I abandoned my job and made no effort to 'preserve my position'.

I was not sent home for texting, I was listening to music on my phone (which is allowed) the new supervisor came over to me, took my work away and told me to go home, and that they didnt need me anymore. She then proceeded to tell me "if we need anything from you, we will call you". The tone of which she said this, was the tone of "youre fired".

After that I emailed HR requesting a formal firing letter, and I called HR Three times--once leaving a phone message for them. They never responded.

I kept records of all my attempts, and faxed them over to the woman assigned my case in order to prove I did not 'abandon my job'.

My question is--do I need a lawyer? I have my phone records, email records and the date I began my cell phone service (June 30th) in order to prove that it was IMPOSSIBLE for me to text because I had no cell phone service.

Seeing as how they ruled in my favor the 1st time around, would it be wise to say that me having all this evidence is okay enough to defend myself? TIA!

We are not in a position to assess your ability to effectively represent yourself, so if you believe you need a lawyer we're not likely to discourage you.

I am not familiar with New York's administrative law processes, but UI appeal hearings are typically very informal, meaning usually no lawyers for either side. It is difficult to find a litigator well-versed in administrative law anyway, let alone be willing to take on unemployment cases. Just prepare yourself. You should be able to pick up copies of all documents related to the appeal a week or two prior to the hearing. Within those documents, your former employer will have had to have written a letter DETAILING what they will state at the hearing as the cause of their disagreement with the Department concerning your eligibility. Prepare your evidence based on this and try to anticipate how they will counter your rebuttal.
Good Luck.

Thank you! I didnt have a lawyer but my employer did. Im very well spoken and detail oriented and held on to supporting documents. I think the hearing went pretty well Even the lawyer said I did a good job LOL