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Presently, I am collecting unemployment insurance in the…

Customer Question
Good evening. Presently...

Good evening. Presently, I am collecting unemployment insurance in the state of AZ. Employer challenging the decision for me to collect. I am scheduled to attend a telephone hearing on Dec 4. Will it help if I retain a n attorney? I am fairly certain I will prevail under AZ Revised Statutes Section 23-671. Employer challenging ym employment status with them . Unemployment has rules in my favor that I am on 'on-call," not a part time employee

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

AZ Dept of Econ Security approved my claim. Employer claims that their experience account should not be charged

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

On call, part time only. I left this company a year ago for other employment and hours were cut. I was laid off.

Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/17/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Whether you hire an attorney is a big decision to make. However, I usually recommend that people hire attorneys if there are difficult issues of law or procedure with which you need help. In my experience, the issues with the facts or the outcomes are best decided by the litigants to a matter themselves. The reasons is because the facts and the outcome are going to be determined by the people involved. However, the procedure and the law can usually best be handled by an attorney. In your case, if you're comfortable with the facts and you are confident in the outcome, I do not believe that you should have any reason to worry and hiring an attorney may just be too expensive. However, there are some options if you decide to do such a thing.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Arizona (Pima and Maricopa Counties) LRS - click here

What other questions did you have for me?

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Customer reply replied 8 months ago
Thank you. I am confident that the judge will decide in my favor since prior investigation by DES has indicated I am 'on call,' not a part time employee and therefore this employer is not exempt for 'relief of charges to an employer who provides on call employment. Are you familiar with this?
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

You're welcome, and I know what you're talking about generally. Just make sure that you are working to develop a coherent and credible argument. Doing that will set you free. Did you have any other questions for me?

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Customer reply replied 8 months ago
No thank you. A telephone call consult is not necessary at this time.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand. It's an auto request by the system. Did you have any other questions for me at all?

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