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Unemployment Hearings And Appeals In Delaware

Faced with high unemployment rates, those who are out of work depend upon unemployment benefits for themselves and their families. If your application for unemployment benefits was denied, the next step is crucial. Consulting with a qualified employment law attorney can make a significant difference in the outcome of any hearings or appeals.

At Martin D. Haverly, Attorney at Law, our goal is to help secure the benefits our clients need. We work with people in Wilmington and across Delaware.

The Unemployment Hearings And Appeals Process

Initially, there is a three-tiered process for obtaining unemployment compensation:

  • Screening process: First, employees provide information to the unemployment agency to prove they are entitled to benefits.
  • Information: Second, the agency allows the employer to provide information, including indicating the employee is not entitled to benefits due to misconduct, a voluntary quit or other reasons.
  • Hearing: At this point, the issue could be scheduled for an employment referee hearing with sworn testimony and exhibits.

The unemployment hearing is essentially a mini trial to decide the issue of whether the employee is entitled to benefits. We have more than 19 years of trial experience litigating employment law issues. We aggressively pursue outcomes that put our clients in the best possible positions.

Depending on the referee's decision, there may be further appeal levels:

  • Unemployment Board: At this level, the unemployment board reviews the written transcript of the referee hearing and any additional exhibits or testimony. These are shorter hearings, but still it is important to have a lawyer present to point out the important aspects of the case and to persuasively argue to your desired result.
  • State Court: If you are dissatisfied with the unemployment board's decision, we can assist you in appealing to a state administrative judge or court judge.

While over the years our firm has represented employees more than employers, there are many occasions where we represent employers. Overall, we focus on what the client needs and how we can achieve his or her objectives.

Contact Our Wilmington Unemployment Attorneys

At Martin D. Haverly, Attorney at Law, our team is here to support you. Contact us at 302-529-0121 to arrange an in-person meeting. Our office is conveniently located in the suburbs just outside the city of Wilmington.

View Cases

  • Sheridan v. E. I. DuPont de Nemours & Co., 100 F.3d 1061 (3rd Cir. 1996) (en banc) (Plaintiff's jury verdict and the "pretext only" paradigm for proof of intentional discrimination established).
  • Hawkins v. Division of State Police, et al., C.A. No. 99-297-SLR (Religious discrimination case which successfully obtained an offer of judgment and caused the State to stop using the MMPI-1.
  • Miller v. Daimler Chrysler Corp., C. A. No. 01-827-JJF (D.Del. 2003) (Race Discrimination claim survived Motion for Summary Judgment).
  • Panaro v. J.C. Penny, Inc., C.A. 01C-02-010 JOH, 2002 WL 130692 (Del. Super. 2002)(In a personal injury case, admission into evidence of direct examination of deceased deponent/plaintiff does not.
  • Price, et al. v. L. Aaron Chaffinch, et al., C.A. No. 04-956-GMS, 2006 WL 1313178 (D.Del. 2006) (First Amendment Retaliation, Petitions Clause and Defamation Claims survived Motion for Summary Judgment).
  • Reyes v. Freebery, 141 Fed. Appx. 49 (3d Cir. 2005) (per curiam) remanding to District Court to explain its restrictions on the public's right to access to judicial records and counsel's First Amendment.
  • Underwood v. Sear Roebuck and Co., 343 F.Supp.2d 259 (D.Del. 2004) (Gender discrimination claim survived Motion for Summary Judgment).
  • Shotzberger v. State of Delaware Dept. Of Correction, 2004 WL 758354 (D.Del. Jan. 30, 2004) (Gender discrimination claim survived Motion for Summary Judgement).
  • Stull v. Thomas S. Neuberger, P.A., 2003 WL 21481016 (Del. Super. Febr. 28, 2003) (Effect of Delaware accord and satisfaction law on a contract for legal services).
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