[russharv63]

I hired a hearing and appeals representative from the state of Pennsylvania. They have been doing unemployment appeals for over twenty years. My wife and I live in Virginia. They advertise on the internet that they do unemployment appeals in 23 states including Virginia. I communicated with them via email only. They charged me $400.00 to appeal my wife's Virginia "decision of the appeals examiner." The hearing and appeals representative appealed the "decision of the appeals examiner." She said she was going to get the "transcripts" and write a "written argument" for the appeal. She never got the "transcripts" and did not write a "written argument." The reason she did not do these two things is because she did not follow the correct regulation in Virginia for getting the "transcripts" and without them she could not write a "written argument." The regulation in Virginia is that you have to ask for a hearing so you can get the "transcripts" within 14 days from the mailing of the "notice of appeal." She did not ask for a hearing. In the decision they mentioned the regulation and said they never received a "written argument" from the claimant. My wife lost the appeal. The hearing representative said she was sorry my wife lost and would refund $200.00 of the $400.00 I had paid them. My question is what type of legal issue is this problem? Is it more than one legal issue? I need to present this to a lawyer but don't know what type of lawyer to see. Is it employment law, legal malpractice, contract dispute or what? Should I see a civil litigator? Also, since the business is in Pennsylvania and my wife and I live in Virginia do I need to get a lawyer from that state or will a Virginia lawyer do? Will it be harder since they are in another state?

[joypulv]

Demand the $200 back and contact as many state agencies as you can and the BBB. Not worth paying a lawyer - will cost too much.

What was your proof that they have been doing this for 20+ years? I would never hire this online.

It's a civil dispute over a contract. It would take no special kind of lawyer. You could sue in Small Claims and I think you can sue in your state, even though they are in PA. Will cost about $50 and can be done online, but it doesn't mean you get a dime if you win. It's up to you to collect.

You sound articulate - I wish you had done the appeal yourself.

[AK lawyer]

It appears that it might very well constitute the unauthorized practice of law in Virginia, which (in most states, anyway) is a crime. Contact the Virginia bar (or whatever agency regulates attorneys in Virginia), and inquire.

[Fr_Chuck]

Unemployment representatives have to be registered with the unemployment service to act as a representitive, but are not often lawyers. The general problem is that the issue is only over 200 dollars, And almost any legal action would cost more than that.

This is a contract dispute but also they did work, and their error may not be a reason for refund for the time and work they did do. So even at a court, it is not for sure that you will win the 200 back.

You would file in small claims court for the 200 back, I would file in the city you live and see if they argue jurisdiction. After that even if you win, it does not always mean they will pay.