On April 26, 2019, the Commonwealth of Kentucky Court of Appeals released an opinion in the case of Michael Nichols vs. Kentucky Unemployment Insurance Commission and Norton Healthcare, Inc. The Court of Appeals opinion states that non-attorneys are not authorized to represent a corporate or partnership employer in a proceeding before a referee or the Unemployment Commission.
If this opinion stands, it will mean that an employer in Kentucky will be required to have legal representation at any unemployment hearing in which they are involved. This opinion could have costly consequences for all employers in Kentucky. Independent entities are preparing to fight this decision in the Kentucky courts, and UC Alternative will keep you up-to-date with future developments.