Jump to content
Sign in to follow this  
russharv63

What type of legal issue or issues do I pursue?

Recommended Posts

I hired a hearing and appeals representive from the state of Pennsylvania.  They have been doing unemployment appeals for over twenty years.  My wife and I live in Virginia.  They advertise on the internet that they do unemployment appeals in 23 states including Virginia. I communicated with them by email. They charged me $400.00 to appeal my wife's Virginia "decision of the appeals examiner." The hearing and appeals representive appealed the "decision of the appeals examiner."  She said she was going to get the "transcripts" and write a "written argument" for the appeal.  She never got the "transcripts" and did not write a "written argument."  The reason she did not do these two things is because she did not follow the correct regulation in Virginia for getting the "transcripts" and without them she could not write a "written argument."  The regulation in Virginia is that you have to ask for a hearing so you can get the "transcripts" within 14 days from the mailing of the "notice of appeal."  She did not ask for a hearing.  I lost the appeal.  She said she was sorry I lost and will refund $200.00 out of the $400.00 I paid them. My question is what type of legal issue is this problem?  Is it more than one legal issue?  I need to present this to a lawyer but don't know what type of lawyer to see.  Is it employment law, legal malpractice, contract dispute or what?  Should I see a civil litigator?  Since the business is in Pennsylvania and my wife and I live in Virginia do I need to get a lawyer from that state or should I use a Virginia lawyer?

Share this post


Link to post
Share on other sites

I doubt you will find any lawyer who would be interested in your case.  Your wife'sprobable recovery would be the $400 you paid the representative.  It is possible that she could get a recovery in the approximate amount of your unemployment benefit if, and this is a big if, she could convince the judge or jury hearing the case that she would have won the appeal the representative screwed up.  Since it sounds like your wife was denied benefits, the denial was upheld on the first appeal, and the appeal of the appeal was also upheld, she would have a very difficult time proving she would have won.  Proving all that would require large attorney's fee which would not be recoverable.  She would also need an expert witness to present an opinion that she would have won the benefits had the second appeal been successful.

 

Anyway, I would suggest you explore your options with an attorney who works in the field of unemployment compensation.  That attorney would be your best source of advice.  I think you should explore the options in Virginia.  The representative is authorized (hopefully) to practice in Virginia, the legal error occurred in Virginia, and trying to find a Pennsylvania attorney conversant with Virginia unemployment compensation law and procedures may be impossible.  Most attorney's will offer a free initial consultation.

 

BTW, you shifted back and forth from your wife being the claimant to "I lost the appeal".   It is not clear exactly how you fitted into the appeals.

Share this post


Link to post
Share on other sites

What's the deal with all the quotation marks?

 

 

 

I hired a hearing and appeals representive from the state of Pennsylvania.

 

Does this mean a lawyer?

 

 

 

They charged me $400.00 to appeal my wife's Virginia "decision of the appeals examiner." . . .  I lost the appeal.

 

You meant that your wife lost.  Right?

 

 

 

My question is what type of legal issue is this problem?  Is it more than one legal issue?  I need to present this to a lawyer but don't know what type of lawyer to see.  Is it employment law, legal malpractice, contract dispute or what?  Should I see a civil litigator?  Since the business is in Pennsylvania and my wife and I live in Virginia do I need to get a lawyer from that state or should I use a Virginia lawyer?

 

It's negligence or legal malpractice, so your wife will want someone who handles legal malpractice cases.  Not enough info in your post to know whether she should do it in VA or PA (although I agree that she probably should go with VA).

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...