Legal Question in Employment Law in New York

Hi

Can I have a lawyer be present without me at my UI hearing for backdating my application? Basically the reason I want to backdate is because I was waiting for some documents regarding the work violations at my job and since I quit it was important that I have this information to substantiate my claim so that I dont have to go through the appeal process. My UI was approved and now I just requested a back date for my benefits which was denied and I am appealing that. If I get an attorney, do I have to be present at the hearing. I also experienced some pretty toxic things at work and do not want to come face to face with my employer again. If my attorney can present my case on my behalf, i would prefer that . Is this possible?

Also they gave me an 8 day notice for the hearing and I am currently out of the country for a short period (2 week) to do volunteer work/disaster training (which will also help me secure a job). So I cannot even go, and missed my first hearing already for a job fair. This hearing is basically to reopen my case and to request back pay.


Asked on 6/15/10, 11:57 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

No . . . you must be present in the hearing because you are a party to the case.

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Answered on 6/16/10, 6:44 am


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