Can I bring a lawyer to my ESD unemployment appeal hearing without prior notice?

YES you can bring an attorney! I had a hearing last month for a similar issue (job search requirements). The hearing notice doesn't require you to notify them in advance about bringing representation. However, I would recommend calling the Office of Administrative Hearings (OAH) that's listed on your hearing notice and just let them know you'll have representation. It's not required, but it's courteous and helps them prepare for the hearing flow. Your attorney can definitely speak on your behalf - that's what mine did for most of the hearing.

i brought my cousin who's a lawyer to mine without telling them and it was fine lol. they just asked him to state his name and role for the record at the beginning. no big deal.

Ugh I wish I knew this before MY hearing!! I went in alone thinking I couldn't bring anyone and got completely DESTROYED by the employer's HR person who brought all kinds of paperwork I wasn't prepared for. The judge kept asking me for evidence I didn't know I needed to bring!!! DEFINITELY bring a lawyer if you can afford one!!!!!

Just to add some more details: Yes, you can bring legal representation to your unemployment insurance appeal hearing without prior notification. However, as a best practice, I recommend: 1. Call the OAH at least 2-3 days before your hearing to inform them 2. Have your attorney prepare any evidence exhibits you want to present 3. Review the hearing notice carefully for deadlines about submitting evidence If this is a telephone hearing rather than in-person, there are additional considerations for having your attorney participate. Make sure you understand whether it's phone or in-person!

my sister had her hearing last week and the judge was actually really nice!! she didnt have a lawyer and still won her case so dont stress too much about it, just bring all your job search logs and any emails confirming applications you sent

To directly answer your question: Yes, you can bring an attorney to your unemployment appeal hearing without prior notice. However, it's STRONGLY recommended that you inform the Office of Administrative Hearings in advance. Here's why notifying them is beneficial: 1. They can send hearing materials directly to your attorney 2. For virtual hearings, they'll provide separate access for your attorney 3. It allows the judge to plan for a potentially longer hearing 4. It looks more professional and shows you're taking the process seriously Make sure your attorney has copies of ALL correspondence between you and ESD, your detailed job search logs, and any evidence supporting your case. The burden is on you to prove you met the job search requirements. Good luck with your hearing!

Have you tried just getting through to ESD directly to discuss this? Maybe there's a way to resolve it before the hearing? I had an issue with job search requirements last year and was able to clear it up by talking to an agent.

I think everyone here is missing an important point - you need to bring evidence that you actually did your job searches properly! What documentation do you have? The judge will want to see SPECIFIC evidence like: names of companies, dates of applications, contact information, method of application, etc. THAT is what will win your case, not just having a lawyer there.