I have an upcoming hearing for unemployment insurance benefits- my former boss is challenging me- please help!

by **choviohoya** » Wed Mar 28, 2012 1:20 pm

I worked for an attorney for eight months until January of 08.

She is very smart. Most attorney are.

I am a paralegal.

I am David, and she is Goliath.

I feel intimidated.

My former boss CLAIMS that I may have spawned several malpractice suits- or possible malpractice suits. I do not know if she is telling the truth. She can be very cunning. I haven't seen any tangible proof yet that there may be clients suing her.

I made a lot of mistakes at my last job, to be honest. I made a few blunders, as well. But I do not think that I am responsible for her having several malpractice suits.

In any event, she has elected to challenge me. My hearing is next Friday. It will be a conference call.

Please help- does anyone have any idea what sort of questions may be asked of me?

How can I succeed in winning my case? Thank you!

by **bercnan72** » Wed Mar 28, 2012 1:30 pm

As a paralegal, she should not have allowed you to make any huge blunders. It is her job as Attorney to be sure that you are doing your job correctly. I am also a paralegal and the Attorney's I work for check all of my work before they sign it and it is sent to the Court for filing. That is how it should be. If she is being sued it is her own fault, especially if you are a new paralegal, she should have known to watch for mistakes as they are easy to make. All in all what goes to Court with her name on it, is her responsibility and if she is being sued, it is her own fault not yours. I would let them know that you are new at it, but you thought that she would look over your work, after all she is your superior. Good Luck Sweetie! Don't let her intimidate you! =)

by **said99** » Wed Mar 28, 2012 1:34 pm

Try not freak out. She is an attorney, she might be too busy to call in that day. If she doesn't call in, they will either re-schedule the hearing or just accept your version of the facts. If she does call in, they will talk to you, then talk to her, then talk to you again.They will mainly ask you questions about the circumstances surrounding your termination. It is important that you just answer their questions truthfully. As for her claiming that you caused malpractice suits, don't worry. As the attorney, she is the only person responsible. You as a paralegal work under her supervision. The only way you could make a mistake that could cause a malpractice suit is if she is not doing her job and supervising you properly.

Just remember, the purpose of the hearing is to determine if you were fired without cause or not, it is not a trial. The same thing happened to me, and I ended up getting benefits. Good luck.

by **teithi71** » Wed Mar 28, 2012 1:37 pm

I don't know the legalities of what you're going through but it could honestly just be a scare tactic on her part.

I sued a Atlantic City casino once for putting a dent in our car when it was valeted parked and, believe me, they did everything in their power to scare me out of my claim. They even had 5 people show up the day of court to dispute what I was saying.

It came down to the form that was filled out showing how many dents our car had prior to being parked and how many it showed at pick up. Low and behold, there was a new dent and the judge saw that and awarded us damages.

Stand firm and just see where it takes you.

by **ezri** » Wed Mar 28, 2012 1:40 pm

I would question whether you deserve to win. From what you said, I would have terminated you also. You said you made a lot of mistakes and a few blunders. There is the reason for a valid termination. Suck it up and get back into the job market, instead of looking for a "free" hand out because you were so bad at your job you were fired.

by **artzai** » Wed Mar 28, 2012 1:42 pm

She is saying you were fired for cause and that you shouldn't qualify for unemployment benefits.

However, in most states "for cause" usually means for intentional wrongdoing, not mistakes or mere incompetence.

So put your paralegal brain on the problem and research "for cause" in your state.

Think also about the attorney's obligation to oversee all of the employees under her control. How many of these supposed malpractice claims are due to her failure to be actively involved in her own law practice? How does that failure reflect on her ethical compliance as a lawyer?

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