Do I Need a Lawyer to Get Unemployment Benefits in Washington D.C.?

 

Find out how and when to consider hiring a lawyer to help with your unemployment claim.

ADVERTISEMENT -

.
 

If you have a straightforward unemployment claim, you will likely be able to file for unemployment benefits on your own, without any help from a lawyer. Your claim is relatively simple if you can easily meet the Washington D.C. earnings requirements to qualify for benefits, and you and your employer agree that you lost your job through no fault of your own (for example, because you were laid off or had to quit when your military spouse was transferred to another state).

But if your case is more complicated, it might make sense to consult with or hire an unemployment lawyer to represent you. An unemployment lawyer can help you if you are facing any of the situations described below.

1. Your Employer Claims You Were Fired for Misconduct

You will be disqualified from receiving benefits if you were fired for gross misconduct, such as theft, arson, intoxication, dishonesty, or repeated absences after being warned. You will be disqualified for a shorter period if you are fired for misconduct that breaches your employment contract or your duties or obligations to the employer, or that adversely affects your employer's interests. This includes violations of work rules, but only if you knew of the rule, it was reasonable, and the employer consistently enforced the rule. 

 

If your employer fights your claim for unemployment on the grounds that you were fired for misconduct, you should consider talking to a lawyer. In this situation, there will likely be a hearing on your eligibility for benefits, at which your former employer may have its own attorney. 

2. Your Employer Claims You Quit Voluntarily

Unemployment benefits are not available if you quit your job voluntarily. However, if your employer forced you to quit, or you quit for a reason that's protected by law, you are still eligible for benefits.

You will be disqualified from receiving unemployment benefits in DC if you quit your job voluntarily, without a good reason related to the job. Good reasons include racial or sexual harassment or discrimination; your employer's failure to pay you for services rendered; unsafe working conditions; illness or disability aggravated or caused by your job; or transportation problems caused by your transfer or your employer's relocation. On the other hand, if you quit because you are dissatisfied with your job, you want to attend school, you are moving because of marriage or divorce, or you have had a minor change in your job (such as a reasonable and necessary transfer or a minor reduction in wages), you will be disqualified from receiving benefits.

An unemployment lawyer can help you figure out whether you are eligible for benefits – and prove it to the unemployment agency.

3. Your Claim for Benefits Is Denied 

If the District of Columbia Department of Employment Services, Office of Unemployment Compensation denies your initial claim for benefits, you have the right to file an appeal with the Appeals Unit of the Office of Unemployment Compensation. An unemployment lawyer can help you decide whether an appeal makes sense and, if so, help you file the paperwork and make your case in the most persuasive way. To learn more on the Washington D.C. rules and deadlines for filing an appeal, see Can I Appeal a Denial of Unemployment Benefits in Washington D.C.?

4. Your Appeal Is Denied

Even if the Appeals Unit of the Office of Unemployment Compensation denies your appeal, you still have another chance to win your case. Every state has a second-level appeal process, whether to a state agency or tribunal or to state court. If you are considering taking your case to state court, you will almost certainly need a lawyer’s assistance. Even for an administrative appeal, a lawyer’s help will increase your chances of success. A lawyer can help you clearly explain why your claim should have been granted, with citations to cases and statutes that support your argument.

5. You Have Other Legal Claims Against Your Employer

Were you denied overtime or wages you should have received? Were you discriminated against or harassed at work? Were you fired in retaliation for reporting illegal behavior? Were you wrongfully terminated in violation of public policy? A lawyer can review your employment history and the circumstances of your termination to see whether you might have other legal claims against your employer. If so, you will not only benefit in the unemployment claims process, but you will also have strong grounds to negotiate a favorable severance package with your employer.

If you decide to hire an attorney, see How Can I Find an Unemployment Lawyer in Washington D.C. for resources that will help you with your search. 

Get a Free Evaluation of your Unemployment Claim by a Local Lawyer
Use the form below to connect with attorneys in the Nolo/Martindale Attorney network serving Washington D.C. and your county.


ADVERTISEMENT -



Jurisdictional relevance: ST

There are versions of this article for each State.