Yes, estate planning is for everyone, no matter how much money or how many assets you have. Estate planning means different things to different people. If you have a relatively small estate, consisting perhaps of your home and a modest sum of money, you still need help to answer some basic questions:
In short, if you want to make sure that all the fruits of a lifetime of your labor are handled according to your wishes during your lifetime, and distributed according to your wishes after your death, you need to review your personal situtation with an attorney.
The most significant thing to note is that the statute governing unemployment claims at the Department of Employment and Training expressly provides that all information gathered in the course of the Department's investigation is confidential. That means that evidence presented to the Department, as well its findings thereon, are not admissible in any other proceedings (save of course an appeal from their decision).
That means that if another action is commenced, in Court, at the Industrial Accident Board, or even at the Massachusetts Commission Against Discrimination, the testimony and findings of the Department cannot be used by either party against either party. There is no legal advantage to be gained by the employer simply because they prevail at the Department of Employment and Training.
In fact, there may be a tactical disadvantage. The Unemployment hearing may provide the employee with an opportunity for "free discovery." Although as noted the information gathered at the Department is intended to be confidential, the employee will nonetheless have an opportunity to question the employer and other witnesses, and even subpoena documents. This is an opportunity not available at the MCAD until after a probable cause finding, and in Court an employee would need to pay hundreds of dollars to depose witnesses.
Moreover, there are serious psychological and emotional implications stemming from the employer's decision to contest the claim which can work to the employer's detriment -- both legally and practically. In some cases, an employee may be "on the edge" and still undecided about bring a discrimination, wrongful termination, or constructive discharge claim. He or she, whether legally entitled to relief or not, feels wronged by the employer. It is often the employee's view that contesting the claim at the Department is just a continuation of the abuse to which they have been subjected. Now not only disgruntled, but in danger of being cut off from what is most likely thier only immediate source of income, they have added incentive to institute further legal proceedings. For the employee "on the edge," the opportunity to collect while trying to secure other employment may be attractive enough to forego protracted legal action in ther interest of moving forward with their lives and careers.
I have had employers or their attorneys suggest that they nevertheless want to "send a message" by contesting the claim. That is not an unnatural human reaction, and no doubt in the rare case -- depending on the nature of the allegations -- one appropriate response. But in my experience, it does not have the effect of deterring the claimant at all. It has quite the opposite effect of inciting them. Even a defeat at the Department will not end the matter. Many, especially those who already feel disenfranchised by their employer and the Department, will press on for their day in Court.
Finally, I note, that depending on what your history with the Department has been, the financial impact of NOT contesting the claim may be mininal or non-existent. If in fact a successful claim will not cost your company, there is much less reason to contest it. And remember, if at some point in the future the claimant prevails in Court, you will be entitled to seek a reduction in the amount of damages corresponding to the amount received by the employee -- not only from other employment -- but from the Department.
In short, you may still decide to contest an unemployment claim at the department for valid reasons. However, you should recognize that "knee-jerk" reactions to "send a message" will likely fall upon deaf ears. Think carefully about your decision under calm, deliberative conditions before contesting an unemployment claim.