Tennessee Unemployment Law

Have you recently applied for unemployment insurance compensation benefits through the Tennessee Department of Labor and Workforce Development and received an Agency Decision stating you were ineligible?  If so, call Jason Barnette at Barnette Law Offices.

You have a right to appeal the Agency Decision to the Appeals Tribunal.  It matters not if you have been alleged to have committed work related misconduct or to have voluntarily resigned.  You need a Tennessee unemployment law attorney like Jason Barnette to explain to the hearing officer what is and what is not work related misconduct and to apply T.C.A. 50-7-303(a)(2)(A) to the facts of your case.  If the issue is voluntary resignation, you need an unemployment law attorney like Jason Barnette to help you show that you had compelling and necessitious reasons to leave your most recent work and that you exhausted all reasonable alternative before so leaving.

If you’ve been denied benefits through the Department of Labor, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com

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LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at http://www.tncourts.gov/sites/default/files/lvnvfunding_opn.pdf

When defending Tennessee consumers, we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, Jason Barnette “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued by LVNV, Portfolio Recovery Associates, CACH LLC, Gault, Midland Funding or any host of other debt purchasers?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com.

Technorati Tags: Tennessee Consumer Law,Tennessee Consumer Lawyer,Fight Debt Purchasers