Maryland Employment Lawyer Blog

Articles Posted in Unemployment Appeals

We receive many inquiries from claimants throughout Maryland asking if we can represent them in appeals to the Department of Labor and Licensing (DLLR) Board of Appeals regarding the denial of their unemployment benefits.  The answer is yes!  What the claimant needs to know is that filing an appeal with the Board is time consuming and challenging, especially if you were not represented by an attorney at the lower appeals hearing.
The Board, upon receiving a timely filed appeal, can do one of a number of things: 1) Reject the appeal and inform the appealing party that they have the right to file an appeal with circuit court; 2) Accept the appeal and decide the matter on the record and any supporting briefs filed by the parties; 3) Accept the appeal and schedule a hearing.  In our experience, we have found that the Board is most likely to accept the appeal but not schedule a hearing.
Through the years, we have had much success filing Board appeals.  A few months ago, we filed an appeal with the Board on behalf of a claimant that we represented at the lower appeals hearing.  Our client was not paid timely, and sometimes was not paid at all, by her employer.  She complained but things did not improve.  Finally, our client grew tired of not being paid timely and correctly and decided to quit.  She was denied benefits (which most claimants in Maryland are when they quit) and hired us to help her at the hearing.  The hearing examiner, in a decision that we could not understand or agree with, unfortunately ruled that it was our client’s fault for not being paid accurately.
It has long been established that an employee has an obligation to show up to work on time and work diligently and in good faith.  In return, the employer has an obligation to pay the worker timely and correctly.  We argued to the Board that our client’s resignation from her job was for good cause when the employer repeatedly failed to accurately pay our client.  The Board recently issued their decision, agreeing with our argument, overturning the earlier decisions.   The decision was a great victory for employees who are harmed by an employer’s failure to accurately or timely pay them.

The Law Office of Andrew M. Dansicker, LLC has been representing claimants and employers at unemployment insurance appeals hearings, as well as Circuit Court appeals, throughout Maryland for many years. We recognize that there is a need for our services in areas other than Maryland, so we are happy to report that we are now also representing claimants and employers with their unemployment insurance issues in Washington, D.C. Call us for a free consultation today and let us remove unnecessary stress from trying to do it on your own.

In Maryland, an individual who quits his or her job is typically disqualified from receiving unemployment insurance benefits – except when they can show that they had a very good reason for leaving their job. Under Maryland law, these reasons have to constitute good cause or valid circumstances. Unfortunately, determining what constitutes good cause or valid circumstances can be challenging. We receive many calls from individuals who have quit their jobs and then filed for unemployment benefits, only to learn that they are being denied benefits. Most of the time, these individuals call us because they need help with a Department of Labor, Licensing, and Regulation (“DLLR”) lower appeals hearing (which is held before a hearing examiner).

We inform callers that going to a lower appeals hearing on their own, without counsel, is a recipe for disaster, especially in circumstances where the individual quit their job. While we cannot guarantee success, we have often achieved positive results for our clients in such hearings. We also assist people with appeals to the DLLR Board of Appeals, where we have also been quite successful. Winning an appeal to the Board of Appeals is even more difficult than winning at the lower appeals division, and handling an appeal there without an attorney is not advisable.

This week we received a very favorable decision from the Board of Appeals in a matter where our client quit because she was physically unable to perform the duties of her job. The Board agreed with our argument and awarded our client her benefits that she had been waiting months to receive. We urge our callers to secure representation before a matter is appealed to the Board, because we have a better chance of obtaining a favorable decision at a lower appeals hearing than before the Board of Appeals. While the attorneys at The Law Office of Andrew M. Dansicker cannot promise you a successful outcome to your unemployment appeal, we have handled hundreds of appeals and we are happy to offer our honest advice and counsel.

In any given month, we represent numerous claimants at unemployment appeals hearings. What many are not aware of is that we also represent employers in such matters. In fact, we often receive inquiries from employers if we can represent them at such hearings, and the answer is yes! Our experience and knowledge in handling both claimants and employers put our clients at a distinct advantage because we are familiar with and possess the know-how of representing both sides. Should your company find that the DLLR has made the wrong decision in awarding an individual unemployment benefits, or should an employee appeal a decision that could adversely affect your tax and reporting obligations, do not wait to take action. We will gladly take the stress from you and handle the case from start to end. We vigorously pursue these matters and to date have never lost an unemployment appeals hearing where we represented the employer!

In any given month, we receive a multitude of inquiries from individuals who have been denied unemployment insurance benefits and wish to file an appeal. As a result, we handle many unemployment appeals, we have developed a very strong track record where we win the majority of our hearings, and we have established ourselves as one of the preeminent law firms in Baltimore and Maryland for unemployment appeals.

When individuals call to ask how we can help them, we urge them to make sure they are represented by counsel at the first hearing, the lower appeal, since that is each party’s final guaranteed opportunity to fully tell their story. It is also the step where we have the highest success. Unfortunately, not everyone heeds our advice or finds us until after the first hearing has concluded. Appeals beyond the lower appeals hearing take months to resolve, cost more, and the higher the appeal goes the more difficult it gets. Despite the high level of difficulty, we often represent individuals with appeals to the DLLR Board of Appeals as well as with petitions for review to circuit court. Most firms will not handle these matters because by many attorneys’ calculations, they are not worth their time, and appeals at the circuit court level are by many considered to be nearly impossible to win.

Our philosophy is different. Optimally, we wish everyone retained counsel for the lower appeal, but we will not turn away individuals in need simply because we have not represented them at the first hearing — if we believe we have a chance to win in court. As a result, we are happy to report that we have recently scored a string of victories at both the DLLR board level as well as with the circuit court. These successful appeals have had profound impact on our clients, many reporting that the win was the difference between being able to pay their bills, keeping their automobiles, or even their homes.

Our firm has represented hundreds of claimants at unemployment appeals over the last several years. While it’s sometimes difficult for a claimant to raise the fee of twice their weekly benefit amount (since most have been denied benefits and remain unemployed), we believe our representation is a critical investment. We can never guarantee a successful outcome, but we have established an excellent track record. Sometimes, a claimant tells us that they will handle the hearing on their own, but will call us if they have to appeal to the board or later, circuit court. This is a bad idea. We occasionally handle such appeals, but they are very difficult, they cost more, and they take a long time to resolve. Most people don’t realize that the lower appeals hearing before a hearing examiner is the last step at which the parties have the absolute right to present evidence. It is therefore imperative that you come fully prepared; that you have an attorney with you who knows the law, knows the procedure, knows what to do and say, and knows the pitfalls to avoid. Don’t make the same mistake so many people do who call us too late – make sure we are there to help you at the lower appeal!

We frequently get questions about how to file an appeal of a denial of unemployment benefits, and questions about what we charge to handle such appeals hearings. As for filing an appeal, the most important thing is to file your appeal in a timely manner, and to have proof that you have done so. If you file your appeal by fax, make certain that you have a confirmation page showing that the fax was successfully transmitted. If you file your appeal by mail, make certain you do so by certified mail. We usually advise people to simply write, “I disagree with the decision denying my unemployment benefits, and I would like to file an appeal and have an in-person hearing.” We don’t suggest explaining why you think the initial decision was wrong, because you might say something that can be held against you later in the appeals hearing. Once you get your hearing notice, with the date and time and location of your hearing, call us so we can see if we can assist you.

As for fees, we got a telephone call today from a claimant who read one of our previous blogs and thought that we only charged one and one-half times the weekly benefit to handle an unemployment appeals hearing. That is now incorrect, so we need to clarify that the Maryland legislature changed the fee schedule earlier this year, so our fee is now two times the weekly benefit. Thus, if your weekly unemployment benefit payment is $340, then our fee for handling your unemployment appeals hearing will be $680. We never charge more than 2x your weekly benefit payment.

If you have any questions about the unemployment appeals process, give us a call and we will try to assist you.

After a mid-Summer lull in unemployment appeals cases, our phone has been ringing off the hook for the past several weeks. Lots of cases where claimants failed to report small amounts of monies earned during a part-time or short-term job while unemployed resulting in demands for repayment of thousands of dollars. Other cases where claimants quit jobs to take better jobs and, after being laid off from the new job, were denied unemployment. Finally, a number of claimants who simply broke rules, whether lateness, timesheets, safety, etc.

In these types of cases, we can sometimes win an appeal, but it depends on the specific circumstances. If the claimant left the first job for a better job, not just for higher pay but also for health care benefits, or for a higher title, then some hearing examiners will allow benefits. Likewise, as long as a claimant has not repeatedly broke the same rules after receiving warnings from their employer, hearing examiners will usually allow benefits. However, where claimants fail to report wages, even less than one hundred dollars, it is extremely difficult to win an appeal.

Finally, it is important to keep in mind that where a claimant has filed a late appeal or failed to participate in a hearing, it is extremely difficult for us to win an appeal, and we rarely take such cases unless the claimant has an excellent excuse for filing the late appeal or not showing up for a hearing.

One of the most frequently asked questions in our office is what happens if you lose the initial unemployment appeals hearing? Or, what if you win the hearing and the employer files an appeal? The next step in the process is an appeal to the Board of Appeals — a three judge panel based in Baltimore that reviews the decisions of the lower hearing examiners. In a nutshell, you must file a request for an appeal with the Board of Appeals, explaining why you believe that the hearing examiner’s decision was incorrect. In the vast majority of cases, the Board of Appeals simply affirms the original decision after reviewing the recording of the first hearing. In rare instances, however, the Board of Appeals will schedule a hearing to review the case. When that happens, the case is reargued again in front of all three judges, although the Board may or may not allow the parties to present new evidence or testimony.

After the Board issues its decision, the losing party has the option of appealing to any Circuit Court in Maryland. This is a complicated process involving the filing of a notice of appeal, then the filing of an appellate brief and finally oral arguments before a Circuit Court judge.

If you are considering filing an appeal in the Circuit Court, we may be able to assist you, although you should be aware that because of the amount of time and work involved, our fees for such representation are fairly substantial, typically between $1,500 and $2,000.00.

As regular readers know, I handle numerous unemployment appeals on behalf of persons who have either been denied unemployment benefits on the grounds that they engaged in misconduct or gross misconduct or voluntarily resigned their job. I thought I would simply list a few of my recent cases to give you an idea of the types of issues that sometimes arise in unemployment appeals hearings:

* Claimant was disqualified for gross misconduct for allegedly being a no-call/no-show on two occasions. At the hearing, the employer failed to produce any evidence to refute the claimant’s testimony that he had, in fact, called in on both days where he had not come to work in compliance with the employer’s policy. The gross misconduct finding was reversed.

* Claimant was disqualified for gross misconduct for allegedly fighting with her manager and walking off the job without permission. At the hearing, the manager admitted that he instigated the fight and began cursing at the claimant, and a coworker admitted giving the claimant permission to leave the job early. The gross misconduct finding was reversed.

* Claimant was disqualified for gross misconduct for allegedly violating the company’s lateness policy on three occasions. At the hearing, the claimant proved that he had only been late without permission on two occasions, one of which was a family medical emergency, and the other was only one-minute late. The gross misconduct finding was reversed.

* Claimant was disqualified for voluntary resignation where he submitted his resignation letter after the employer changed his schedule. At the hearing, the claimant proved that the employer was forcing him to work nights thereby leaving him with nobody to watch his children, as his wife’s job required her to work nights. The hearing examiner found that the claimant had good cause for resigning and allowed full benefits.

* Claimant was disqualified for allegedly violating company’s ethical rules. At the hearing, claimant demonstrated that she was never made aware of the ethical rule that she allegedly violated, nor was she ever warned not to engage in the underlying conduct. The gross misconduct finding was reversed.