QUESTION

How to obtain low cost legal representation for a VEC hearing?

Asked on Apr 04th, 2013 on Employment Contracts - Virginia
More details to this question:
I was recently denied unemployment benefits for violating a company policy that I didn't even know was a policy. Upon being hired more than 2 years ago I signed a piece of paper stating I had received the employee handbook AND that it may change without notice and employees would be notified from time to time of these changes.
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1 ANSWER

Generally, you’re entitled to benefits unless you’re fired for misconduct. Misconduct basically means you violated a company rule that you knew about.  Cases like yours can turn on whether you knew about the new policy.  If you got the original handbook but not the new one, and the new policy was only in the new handbook, AND nobody told you orally about the new policy, then you should get benefits.  On the other hand, if it’s in the new handbook, and you got a copy of the new handbook, but you didn’t see the new rule, you’ll probably be denied benefits.An attorney representing you before the VEC isn’t allowed to take money up front and can’t bill you unless you win (including all appeals by you or the employer).  Once you’ve won and the appeals deadline has passed, the attorney can submit a fee petition to the VEC.  I handle these types of cases and would be happy to talk to you about your particular facts.Please note that you only have 30 days from the date of mailing in which to appeal.  There should be a date on the back of the decision form that gives you the deadline.
Answered on Apr 12th, 2013 at 1:15 PM

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