How to Sue Your Employer After Winning Unemployment Benefits

Pursuing a Lawsuit: Leveraging Evidence and Findings from Your Unemployment Appeal Hearing

How to Sue Your Employer After Winning Unemployment Benefits

Employees can strategically use their unemployment hearing and the outcome as a springboard for legal action against their former employer for wrongful termination, discrimination, retaliation, or something else.

The unemployment hearing, a crucial step in securing benefits after job termination, can also serve as a vital foundation for suing your employer. This hearing, which determines your eligibility for unemployment compensation, involves presenting detailed employment history and the reasons for your job separation. It often includes testimony from the employer, offering a unique opportunity to gather evidence against them.

Maximizing the Unemployment Appeal Process with MKO Employment Law LLC’s Expertise

Navigating the unemployment appeal process with precision and strategic insight is essential, particularly when this process can set the stage for further legal action against your former employer. At MKO Employment Law LLC, our approach to these hearings is twofold: securing your eligibility for unemployment benefits and meticulously uncovering evidence of any illegal conduct by your employer.

Demonstrating eligibility for unemployment benefits is more than just a procedural step; it’s an opportunity to establish a foundation for any potential lawsuit. This involves presenting not just proof of your termination, but also delving into the nuances of your employment history, highlighting any adverse actions such as demotion, reduction in hours, or other forms of detrimental treatment you faced. Each detail matters, as it paints a broader picture of the employer’s conduct.

Our experienced employment lawyers play a crucial role in this process. We are not just representing you in an unemployment hearing; we are actively formulating strategies that do double duty: they strengthen your case for benefits while simultaneously laying the groundwork for a potential lawsuit. This approach involves carefully analyzing your employment history, identifying key incidents, and preparing compelling arguments that bring to light any forms of discrimination, harassment, retaliation, or other illegal actions by your employer.

At MKO Employment Law LLC, we excel in transforming the unemployment hearing into a powerful investigative tool. We meticulously gather evidence, scrutinize testimonies, and document every relevant detail that could be crucial for a subsequent lawsuit. Our attorneys’ expertise in employment law enables them to spot inconsistencies, identify key pieces of evidence, and use the unemployment appeal process as a launching pad for further legal actions, should they be necessary.

The Employment Focused MKO Law Advantage

Partnering with MKO Employment Law LLC offers several advantages in preparing for a potential lawsuit during the unemployment process:

  1. Strategic Unemployment Hearing Preparation: We expertly prepare for unemployment hearings to extract maximum strategic value, laying the groundwork for potential litigation against your former employer.
  2. Specialized Knowledge in Employment Law: Our firm’s focus on employment law means we’re well-versed in the nuances and latest developments in this specific legal area, offering you an informed and focused approach.
  3. Strategic Analysis of a Lawsuit: We examine your case from every angle, considering factors beyond the unemployment claim to build a comprehensive legal strategy that encompasses all aspects of your dispute.
  4. Seamless Transition from Unemployment to Litigation: Our expertise allows for a smooth shift from handling unemployment issues to initiating a lawsuit, ensuring continuity and consistency in legal representation.
  5. Proactive Evidence Compilation: We proactively gather and preserve evidence from the earliest stages, ensuring valuable information from the unemployment process is meticulously documented and ready for potential litigation.
  6. Witness and Testimony Coordination: Our firm has the resources to identify and coordinate expert witnesses and testimonies that can be pivotal in both unemployment hearings and subsequent lawsuits.
  7. Customized Legal Representation: We tailor our legal services to your unique situation, ensuring that your specific needs, goals, and circumstances drive our legal strategy.
  8. Risk and Reward Assessment: We provide a detailed analysis of the potential risks and rewards of pursuing litigation post-unemployment, helping you make informed decisions about your legal journey.
  9. Workplace Law Compliance Insights: Our deep understanding of workplace laws ensures that we can identify any compliance failures by your former employer, which can be crucial in a lawsuit.
  10. Persistent Advocacy and Support: From the initial unemployment claim to potential courtroom advocacy, we offer unwavering support, ensuring that you have a steadfast legal ally throughout your entire legal journey.

Conclusion: Turning Unemployment Victory Into Legal Success

Securing a victory in your unemployment appeal is merely the first step towards a greater goal. With the skilled guidance of MKO Employment Law LLC, this triumph can be the catalyst for a more significant pursuit of justice. Our expertise enables a seamless shift from attaining unemployment benefits to vigorously seeking rightful compensation and redress for any wrongful termination or workplace injustices you’ve endured.

Let us help you leverage the success of your unemployment appeal into a compelling legal challenge against your former employer. Reach out to MKO Employment Law LLC to discover how we can transform your initial victory into a robust and effective legal strategy, ensuring that your rights are not only recognized but fully vindicated.

Attorney Email

Email MKO or Call 412-301-2700. No State or Federal Employees & Only Pennsylvania Cases.

Hypothetical Scenario: Jane’s Journey from Unemployment Hearing to Lawsuit

Background: Jane Doe, an experienced software developer, was unexpectedly terminated from her position at Tech Innovations Inc. The company cited “performance issues,” but Jane believed her termination was actually due to her recent complaints about gender discrimination in her team.

Unemployment Hearing: Jane applied for unemployment benefits, but Tech Innovations Inc. contested her eligibility, claiming her termination was due to misconduct and performance issues. Jane hired MKO to challenge this at an unemployment hearing.

Role of MKO Employment Law LLC: Recognizing the potential for a larger case, MKO prepared meticulously for the hearing. MKO gathered evidence of Jane’s strong performance record, including positive reviews and emails praising her work, and various others pieces of evidence.

During the Hearing: At the hearing, Jane’s attorney skillfully highlighted inconsistencies in the employer’s claims about her performance. They also introduced evidence suggesting that Jane’s termination coincided suspiciously with her complaints about gender discrimination, establishing a timeline that undermined the employer’s narrative.

Outcome of the Hearing: The Judge (Referee) ruled in Jane’s favor, finding that the termination was not due to misconduct and granting her unemployment benefits.

Transition to Lawsuit: Encouraged by the outcome, Jane and her attorney decided to file a lawsuit against Tech Innovations Inc. for wrongful termination and retaliation  under a gender discrimination theory. The evidence and testimony from the unemployment hearing played a crucial role in building her case. Utilizing the information gathered during the unemployment process, Jane’s attorney developed a comprehensive legal strategy. They filed a claim citing violations of state and federal anti-discrimination laws.

Discovery and Depositions: During the discovery phase, more evidence came to light, including internal communications that suggested a pattern of discrimination within the company. Jane’s attorney also deposed key witnesses who had observed discriminatory behavior.

Settlement Negotiations: As the case progressed, the mounting evidence led Tech Innovations Inc. to propose a settlement. Jane’s attorney negotiated vigorously, securing a settlement that compensated Jane for lost wages, emotional distress, and legal fees.

Conclusion: Jane’s journey from the unemployment hearing to a successful lawsuit outcome highlighted the importance of strategic legal guidance. Her case not only secured her rightful benefits and compensation but also shed light on discriminatory practices within Tech Innovations Inc., potentially paving the way for positive change in the company.

This hypothetical scenario illustrates how the insights and evidence gained from an unemployment hearing, especially with the guidance of a specialized employment law firm like MKO Employment Law LLC, can be instrumental in pursuing a successful lawsuit against a former employer.

Using Your Unemployment Hearing for Lawsuit Success

The unemployment hearing, as you’ve learned, is more than just a procedure for claiming benefits; it’s a pivotal legal forum where you, as a recently terminated employee, present vital evidence that substantiates your eligibility for these benefits. This evidence includes comprehensive details of your employment history and the circumstances surrounding your job separation. More importantly, the hearing serves as an opportunity to establish a narrative and gather evidence that could be critical if you decide to take legal action against your former employer. With these nuances in mind, let’s delve into the 30 strategic tips that will empower you to effectively navigate your unemployment hearing and, if necessary, use the insights gained to build a strong case for any subsequent legal actions.

30 Tips and Ways and Considerations When Using the Unemployment Hearing to Sue Your Employer:

  1. Provides a Free Discovery Process: The unemployment hearing provides a free and low-risk discovery process that can be used to gather evidence and information to support a civil lawsuit against your employer.
  2. Demonstrates Eligibility for Unemployment Benefits: Using the unemployment hearing to sue your employer requires demonstrating your eligibility for unemployment benefits, which can be used as evidence in a civil lawsuit.
  3. Allows for Testimony and Evidence: The unemployment hearing allows for testimony and evidence to be presented, which can be used to support your case in a civil lawsuit.
  4. Demonstrates Employer’s Illegal Conduct: The unemployment hearing can be used to demonstrate your employer’s illegal conduct, including workplace discrimination, harassment, retaliation, or other forms of illegal conduct.
  5. Provides a Forum for Legal Argument: The unemployment hearing provides a forum for legal argument, allowing you to make a persuasive and compelling case against your employer.
  6. Can Lead to a Favorable Ruling: A favorable ruling in the unemployment hearing can provide important leverage in a civil lawsuit and increase the likelihood of a successful outcome.
  7. Minimizes Risk and Cost: The unemployment hearing is a low-risk and cost-effective way to gather evidence and information to support a civil lawsuit.
  8. Demonstrates Your Willingness to Fight for Justice: Pursuing legal action against your employer demonstrates your willingness to fight for justice and hold them accountable for their illegal conduct.
  9. Provides Closure and Compensation: A successful civil lawsuit can provide closure and compensation for the harm and injustice you suffered at the hands of your employer.
  10. Sends a Message to Other Employers: Pursuing legal action against your employer sends a message to other employers that illegal conduct will not be tolerated and that employees have legal options to seek justice and compensation.
  11. Check your state’s unemployment compensation rules: Each state has its own rules for unemployment compensation, so make sure you understand the specific requirements in your state.
  12. Determine if you are eligible for unemployment benefits: Before pursuing an appeal, make sure you are eligible for unemployment benefits, as this will be an important factor in your legal case.
  13. Be aware of time limits: There are often strict time limits for filing an unemployment appeal, so make sure you understand the deadline and act promptly.
  14. Understand the appeal process: The appeal process can be complex, so make sure you understand the steps involved and what to expect.
  15. Review your personnel file: Your personnel file may contain important information relevant to your case, so review it carefully and make sure your lawyer has access to it.
  16. Understand the role of witnesses: Witnesses can be valuable in establishing your case, so identify potential witnesses and discuss their role with your lawyer.
  17. Prepare for cross-examination: Your former employer’s lawyer may cross-examine you or your witnesses, so make sure you are prepared for this.
  18. Consider the potential for settlement: Settlements can be a way to resolve legal disputes without going to trial, so consider whether this may be an option in your case.
  19. Review your social media accounts: Social media activity can sometimes be used as evidence in legal cases, so review your accounts and make sure there is no damaging information.
  20. Understand the potential impact on your future employment: Pursuing legal action against an employer can impact future job prospects, so weigh this carefully before proceeding.
  21. Be prepared for emotional challenges: Pursuing legal action can be emotionally challenging, so be prepared for the potential stress and anxiety.
  22. Consider the potential impact on your personal life: Legal action can be time-consuming and costly, so make sure you are prepared for the potential impact on your personal life.
  23. Understand the potential for counterclaims: Your former employer may file a counterclaim against you, so be prepared for this possibility.
  24. Consider the impact on your former co-workers: Legal action can impact your former co-workers, so consider the potential consequences for them.
  25. Prepare for a potential trial: While rare, if your case goes to trial, be prepared for the potential challenges of presenting your case in court.
  26. Understand the potential for appeals: If the decision does not go in your favor, there may be the potential for further appeals, so be prepared for this possibility.
  27. Be prepared for media attention: Legal cases can sometimes attract media attention, so be prepared for this possibility.
  28. Consider the potential for arbitration or mediation: Arbitration or mediation can sometimes be a less costly and less time-consuming way to resolve legal disputes, so consider whether this may be an option in your case.
  29. Understand the potential for confidentiality breaches: Legal cases can sometimes result in confidential information being made public, so be prepared for this possibility.
  30. Evaluate your goals: Before pursuing legal action, evaluate your goals and make sure they are realistic and achievable, given the potential costs and risks involved.


“Providing you a path forward in your life, career, and recovering the compensation you deserve.” 

MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation. 

Ten Reasons You Want MKO As Your Employment Counsel

1. Focused Employment Law Practice

MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case.  Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.

2. Technology Driven & Experts in the Cloud

We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient. 

We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.

3. Legal Advice Instantly From The Comfort of Home

MKO can provide superior legal services through adaptive use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it's better, easier, and faster for our clients - they really appreciate it. We seamlessly and interactively collaborate with you in a relaxed environment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.

The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.

4. Discreet When Necessary

While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”

Confidentiality is key, for everyone. 

5. Experience, Professional, & Integrity

Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 1000 clients and has managed hundreds more for associates that worked for her in just her first 10 years!

6. Highly Responsive Attorneys

We always get the question, "If I choose to have you represent me, will it be difficult for me to get in touch with you?"

Absolutely not, we even make ourselves available to clients beyond our normal business hours! Further, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobileSMS & textingbusiness email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.

7. Attorneys Available 74+ Hours Per Week

Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don't be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising "Phones Answered 24 Hours A Day, 7 Days A Week." We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week. 

M-F 7am-7pm
Sat/Sun 8am-3pm

8. Practical Advice From Seasoned Professionals

MKO strongly believes that every situation is distinctly unique and therefore we must endeavor to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circumstance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.

9. Contingency Representation

Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you're offering to pay anyone up front and hourly, it seems they'll take almost any case - so long as they are getting paid. Funny how that works. Here's how we help:

  • People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently separated from their job to afford an employment lawyer.
  • MKO only gets paid if there is a recovery.  – We put our money where our mouth is, if we don't get a recovery, you don't owe legal fees and costs.
  • Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
  • Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™"
10. Keeping Costs Low To Focus On Your Case

Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a "factory firm" or "volume practice" that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overheadWe aggressively keep costs down so we can focus on you.

Don't want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.

Legal Consultations

Hours Open Every Week


Clients & Cases Managed

Wrongful Termination

We help people fired, or soon to be fired, when they have been treated unfairly, illegally, or unjustly.

Employment Discrimination

Race, religion, gender (including pregnancy, childbirth, and related medical conditions), orientation, disability.

Professional Exit Strategies

Remove yourself from a toxic workplace or help with a job loss. Lawyers give you an exit strategy.

Medical Accommodations

Employees needing physical or mental health/wellness accommodations are protected.

Disability Discrimination

Many health conditions can be considered disabilities and are  legally protected including retaliation.  

EEOC or PHRC Agencies

Aggressive lawyering in the state and federal agencies can mean quick, quiet, and lucrative resolutions.

Age Discrimination

For those over 40 years old (but older is preferred) that experience bias based on your age.

Sexual Harassment

A range of actions from mild transgressions to sexual abuse or sexual assault. A highly serious offense.

I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.

Bob B.


Halfway to legal help. If you don't get paid, neither do we. All you need to do is call MKO!

Employment Law Ready✔ ™

Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.

Andrew L.

Wrongful Termination & Discrimination Questions

To Ask During Your Free Lawyer Consultation

  • =What does an employment discrimination, wrongful termination lawyer do?

  • =Do I need an employment lawyer, what options do I have?

  • =Can a employment attorney really help my case, even if I still work there?

  • =When should I hire an employment law firm? 

  • =Is discrimination, illegal conduct, and severance negotiations that common?

  • =How do you retain an employment attorney and is it really this easy? 

  • =How do I know when I need an employment lawyer?

  • =When should I address discrimination at the office?

  • =What is my case worth? 

  • =Do I have a retaliation, wrongful termination, or discrimination case?

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