Friday, September 8, 2017

What Do I Do If I am Unable to File My Bi-Weekly Unemployment Claim in Pennsylvania?

PHILADELPHIA EMPLOYMENT LAWYER
Need Legal Help With a Severance Agreement?
John Gallagher's Philadelphia Area Law Firm Negotiates
All Types of Employment Contracts
610-647-5027 or jag@johnagallagher.com

Philadelphia area employment lawyer John A. Gallagher represents Pennsylvania employees located in towns such as King of Prussia, West Chester, Media, Norristown, Villanova, Radnor, Paoli, Bryn Mawr and Wayne review and negotiate Severance Agreements.  Located in Chester County, Mr. Gallagher will provide an evaluation of your Separation and Release Agreement for a reasonable flat fee and, where appropriate, will try to increase the amount of severance you have been offered on a Contingent Fee basis.

What Happens if I am Unable to File my Claim During the Unemployment Appeal Process in Pennsylvania?

Here is an e-Mail I received from a client today:

John,

I just got through to the UC Services Center.  They had to "reset" their system in order for me to file claims for the past weeks that were never paid.

A piece of advice here for the future.  Please share this with your clients that are going through a UC Appeal process.  What I learned today is that - EVEN THOUGH THE WEBSITE WILL NOT LET YOU FILE A CLAIM DURING THE APPEALS PROCESS - YOU STILL HAVE TO FILE!  THE ONLY WAY TO FILE IS TO CALL THE UC SERVICES CENTER.  I was told that I should have known this by reading the UC handbook.  

So, they reset the system, and I just filed for 6 weeks electronically.  Now there is a catch here.  For the weeks that I was untimely in filing for, a "decision" will be made as to whether or not I get paid.  Messed up to say the least.

At any rate, thanks for your response, John.  Talk to you soon.  


Regards,

Client

In Pennsylvania, Claimants Must Continue to File Bi-Weekly Benefit Claims After You Have Appealed a Notice of Determination and/or While Awaiting a Referee Decision Following an Unemployment Hearing

This client had recently won an Unemployment Referee Hearing, but was not able to file his bi-weekly claims either after he appealed from a Notice of Determination denying benefits or after he had won his Referee Hearing.

I have received many such calls, so I expect many Pennsylvania workers are experiencing similar problems.  Hope this helps.

Here are phone numbers for the various Pennsylvania Unemployment Service Centers:

UC Services Phone Numbers
UC Service Center Statewide
Toll-Free Number
888-313-7284
TTY Services for Deaf and
Hard-of-Hearing Toll-Free
888-334-4046
Videophone Service for ASL Users-
Wednesdays, noon-4 p.m.
*Sign language is the ONLY means of communication provided at this number.
717-704-8474
UC Service Center Fax Numbers
Altoona814-941-6801
Scranton570-562-4385
Erie814-871-4863
Indiana724-599-1068
Duquesne412-267-1475
Harrisburg717-214-5463
UC service center hours of operation are 8 a.m. - 4 p.m. Monday, Tuesday and Thursday with Monday being a heavy call day. 



Need Legal Help With a Willful Misconduct or Voluntary Quit Case?
John Gallagher's Philadelphia Area Law Firm Has Represented Hundreds of Claimants at Pennsylvania Unemployment Referee Hearings
610-647-5027 or jag@johnagallagher.com

John A. Gallagher is an experienced unemployment lawyer located 15 miles west of Philadelphia who represents claimants at Unemployment Referee Hearings held in Bristol, Springfield, Philadelphia, King of Prussia, Malvern, Lancaster and Reading.  

If you have received a Notice of Hearing, Mr. Gallagher will provide a FREE telephone evaluation of your unemployment claim. If he believes there is a reasonable chance for you to win with his assistance, he will then provide a reasonable flat fee to represent you at the Hearing.  John has handled hundreds of Pennsylvania Unemployment Referee Hearings involving:

·       willful misconduct

·       voluntary quit


·       self-employment

·       sideline business

·       overpayments

If you have filed for Pennsylvania Unemployment Compensation and believe you need legal help with an issue relating to your application, questionnaire, Referee Hearing or appeal, call or e-Mail John (please include your phone number) and Mr. Gallagher will spend a few minutes reviewing the situation with you and, if he believes he can help, he will explain why and how, and will quote you a reasonable flat fee.

Wednesday, September 6, 2017

IS A RECOVERY IN AN FMLA CASE SUBJECT TO WITHHOLDING TAXES OR IS IT 1099 INCOME?

DISCLAIMER:  I am NOT a licensed tax attorney; I have never received any formal training relating to the Internal Revenue Code or any topic raised herein.  This Post is based solely upon my interpretation of the cases and statutes discussed herein.  You should NOT rely upon this Blog Post in any way, and should instead retain a licensed tax professional if you require guidance as to any issue discussed below.


Consult a Knowledgeable Tax Advisor
WHAT ARE THE TAX CONSEQUENCES ASSOCIATED WITH A SETTLEMENT OF OR A JUDGMENT IN A FAMILY AND MEDICAL LEAVE ACT ("FMLA") CASE?

In the ordinary course, an employee suing his/her former employer relating to the end of employment due to discrimination, retaliation, wrongful discharge, etc. is suing primarily for loss of earnings and benefits. Consequently, any recovery made by way of settlement or judgment in such cases is subject to normal withholding and taxes (i.e. is w-2 income). This is in contrast to, say, personal injury cases, where the recovery is often primarily for pain and suffering and is exempt from taxation (i.e. 1099 income).


The Code Has Spoken
NOTE:  In some employment-claim settlement situations, the employee will be paid some or all of the proceeds via a 1099, but remains responsible for paying taxes on the same the following tax year. 


In contrast to other employment-related claims, recoveries made on claims relating to violations of the Family and Medical Leave Act (“FMLA”) may not be taxable income, at least in cases decided in the Federal District Court sitting in the Eastern District of Pennsylvania.

PENNSYLVANIA FEDERAL DISTRICT COURT SITTING IN PENNSYLVANIA DETERMINES THAT FMLA RECOVERIES ARE NOT TAXABLE AS W-2 INCOME 

Click Here to read how FMLA Leave and short-term disability benefits fit together.

In a July 2016 decision issued by a judge sitting in United States District Court for the Eastern District of Pennsylvania, Gunter v. Cambridge-Lee Industries, LLC, there was a settlement and the plaintiff maintained that the settlement proceeds were not wages and therefore should not be subject to withholding or reported as w-2 income, but rather, should be reported to IRS as 1099 income not subject to withholding. The defendant maintained that the settlement proceeds were tantamount to w-2 income.


Treated Differently Than Other Employment-Related Statutes
The district court observed that the Third Circuit, the patron court of the district courts located in Pennsylvania, New Jersey, Delaware and the Virgin Islands, and yet to rule on the issue. The court then engaged in a thorough analysis of prior decisions in the Eastern District of Pennsylvania and elsewhere, as well as to certain IRS Revenue Rulings. After an exhaustive analysis, the court determined that the language found within the FMLA was unique to all other discussed employment – related statutes, and therefore held that there were no that no withholding was required for the proceeds of the settlement.

Although the decision by the court in Gunter is not binding upon the IRS, nor is it controlling precedent in the Third Circuit, it is highly persuasive.

From what I have been able to determine, the Third Circuit has yet to return to decide the issues the issue in question since Gunter was published, nor has any court that I was able to find come to a different decision. Of course, you should not rely upon this post, but rather to conduct all of your own research.

Serving Pennsylvania's Workforce Since 1991
Philadelphia Area Family and Medical Leave (FMLA) Attorney Helping Employees With Medical Leave Requests and Short-Term Disability Appeals

John A. Gallagher is an employment lawyer who represents employees who need an employment lawyer in Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Non-Compete Lawyer Provides Free Telephone Consultations and Contingent Fee Representation for Overtime Claims

If you believe you require guidance concerning a Willful Misconduct Unemployment issue or a Pennsylvania Unemployment Referee Hearing, and reside in or near Southeastern Pennsylvania, feel free to send me an e-Mail or give me a call.   

Need an Experienced Lawyer to Help You Negotiate an Employment Agreement or Severance Contract?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave, to short- or long-term disability appeals. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, including willful misconductvoluntary quit, self-employment or independent contractor, sideline employment or severance issues, or need legal representation at a Referee Hearing. 

Click Here to e-mail John directly.


Thanks for checking in with us.

Saturday, September 2, 2017

How Do I Appeal a Pennsylvania Unemployment Referee Decision?

Appealing an Unemployment Referee Decision to the Pennsylvania Unemployment Compensation Board of Review

A claimant has three separate opportunities to appeal a Pennsylvania unemployment decision that is against his/her interest.

Click Here to read our previous blog concerning how to appeal from a Notice of Determination and obtain a Referee Hearing.

If a Referee issues a Decision that finds you ineligible for benefits, you have 15 days of the date the Decision is mailed to appeal to the Pennsylvania Unemployment Compensation Board of Review. There are no exceptions from the 15-day deadline.

Click Here to learn how to appeal a Decision by the Board of Review to Pennsylvania's Commonwealth Court.

"I Appeal, Sir"
If I Lose a Pennsylvania Unemployment Referee Hearing, Can I Appeal and Get a New Hearing?

Absolutely not.

Consider the Referee Hearing a trial. In Pennsylvania, and throughout the United States, when you appeal from the decision made after a trial, you are not permitted to submit any additional evidence or testimony in support of the appeal. Hence, in this instance, you are limited to whatever testimony, objections and evidence introduced at the Referee Hearing. Perhaps even more significantly, you also are bound by the evidence and testimony. That means that if you permitted hearsay testimony or documents to come into evidence, or allow testimony or evidence that was not relevant but highly prejudicial to your case, you are stuck with it.

Moreover, if you are going to appeal from a Referee Decision, you really should have a copy of the transcript of the testimony taken during the Hearing, as well as all exhibits that were submitted into evidence.


Obtaining a Copy of Referee Hearing Transcript Essential to Appeal
How do I Obtain a Transcript of the Referee Hearing When I Appeal to the Board of Review?

In the course of file your appeal, the preferred practice is to 1) write to the Board of Review and advise that you are appealing; 2) ask for a copy of the transcript and exhibits from the Hearing; and, 3) request 15 days from the date you received the transcript and exhibits to submit a Brief in support of your appeal. Of course, having the transcript and the exhibits is only helpful if you have sufficient legal training. That said, it is good practice in all cases to obtain same.

Remember that when you submit your Brief to the Board of Review, you are limited to discussing the testimony and evidence introduced at the hearing, as well as any legal issues that arise directly therefrom. Again, this is complex stuff, and you may want to consider retaining counsel.

A simpler option, although considerably less effective, is to simply write to the Board of Review, ask it to review the transcript, evidence and Referee Decision, and ask it to reverse the Referee. Doing this, however, eliminates your ability to point out weaknesses in the Decision, and can minimize or eliminate your ability to submit issues on further appeal to the Commonwealth Court of Pennsylvania.

Few Exceptions to 15-Day Deadline
Things to Remember Appealing and Unemployment Referee Decision in Pennsylvania

1) You have only 15 days from the date the Referee Decision is issued to appeal. There are no exceptions.

2) The most effective way of appealing a Referee Decision is to first obtain a copy of the transcript and exhibits of the Hearing.

3) In your appeal, you do not get a new hearing, nor do you get an opportunity to introduce new testimony exhibits, or seek to exclude testimony or exhibits that were introduced during the Referee Hearing.
You Only Get One Bite at Apple
 to Make Record for Appeal
4) In your appeal, you will be limited to the issues raised for the Referee, and, if you omit any arguments on your appeal, you will be further limited before the next level of appellate jurisdiction, Pennsylvania’s Commonwealth Court. 

Philadelphia Area Willful Misconduct Lawyer Representing Employees

John A. Gallagher, Esquire
Representing Pennsylvania's Workforce Since 1991

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Philadelphia, the Northeast, Newtown Square, Wayne, King of Prussia, West Chester, Downingtown, Lancaster, Reading, Doylestown, Phoenixville, Bryn Mawr, Blue Bell, Devon, Paoli, Berwyn, Strath Haven, Plymouth Meeting, Lower Gynedd, Exton, Nether Providence, Upper Providence, Springfield, Swarthmore, Lansdale or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

John Will Spend 5-15 Minutes With You to Discuss Your Situation
at No Cost to You
Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.

Friday, September 1, 2017

How to Appeal a Pennsylvania Unemployment Board of Review Decision to the Commonwealth Court

Appealing a Decision of the Unemployment Compensation Board of Review to the Commonwealth Court

A claimant has three separate opportunities to appeal a Pennsylvania unemployment decision that is against his/her interest.

Preserve Your Rights With a Timely Appeal
Click Here to read our previous blog concerning how to appeal from a Notice of Determination and obtain a Referee Hearing.

Click Here to read our previous post concerning how to read and understand a Referee Decision.

Click Here to learn about how to appeal a Referee Decision to the Board of Review.

If the Board of Review issues a Decision that finds you ineligible for benefits, you have 30 days from the date the decision is mailed to appeal to the Pennsylvania Commonwealth Court. There are no exceptions from the 30 -day deadline.

Can I Get a New Hearing If the Board of Review Denies My Claim?

Absolutely not.

Creating a Proper Record at the Referee Hearing of Paramount Importance
As discussed previously, the Referee Hearing was like a trial and on appeal from that Referee Decision to the Board of Review, one is limited to making arguments that are based upon what occurred during the Referee Hearing.  You cannot introduce new evidence, witnesses or testimony on an appeal.  Your one bite at the apple was at the Referee Hearing (which is why is is sound practice to hire an attorney for such Hearings).

There is a funneling of fact where appeals are concerned, and so on your appeal to the Commonwealth Court, you are limited to any issues or arguments you made before the Board of Review.

Consequently, the odds are really stacked against you if you first seek counsel when it is time to appeal to the Commonwealth Court. Courts are very precise in what is required where appeals are concerned. They will have no mercy simply because you represented yourself during the early stages of the matter. If you do not raise appropriate issues before the Referee, or before the Board, you will not be allowed to raise those issues for the first time before the Commonwealth Court. 

Lawyers are experienced at spotting appropriate issues relating to the introduction of evidence from a hearsay or relevance perspective, and when to raise intricate legal arguments. Unfortunately, no matter how dedicated you are, you do not have legal training and experience, you will miss raising the appropriate arguments or objections. Thus, by the time you reach the Commonwealth Court, it will be too late to raise them.
Call 610-647-5027 for a Free Analysis of Your Situation

NOTE:        I have found that most of the time the issue is evidence that was permitted to be introduced before the Referee (when it should have been excluded), that does in a claimant. Knowing how to exclude evidence require sophisticated legal knowledge, and the failure to do so can be and often is fatal

How Do I File an Appellate Brief with Pennsylvania’s Commonwealth Court?

Certain rules/principles relating to how to file an appellate brief in Pennsylvania are discussed Here.


Following Court Rules Not Easy - and Then You Need Excellent Content!
That said, the Commonwealth Court like almost all appellate courts in the United States, requires a very precise format which, if not followed, can alone be a basis for striking the appeal. Trying to prepare and format a brief to be filed with the Commonwealth Court can be terribly complex for the average layperson.  In fact, it can be such a difficult process that I have no guidance to provide here except that you would want to strongly consider hiring counsel. The, Commonwealth Court will give a little mercy to pro se litigants, but not a whole lot. 

Things to Remember Appealing an Unemployment Compensation Board of Review Decision to the Commonwealth Court

1)  You have only 30 days from the date the Board of Review Decision is issued to appeal. There are no exceptions.

2)  In your appeal, you do not get a new hearing, nor do you get an opportunity to introduce new testimony exhibits, or seek to exclude testimony or exhibits that were introduced during the Referee Hearing.

3) In your appeal, you will be limited to the issues raised for the Referee and the Board.

The procedural requirements for a proper brief to the Commonwealth Court are very complex and onerous, and failure to follow them can alone result in a dismissal of your appeal.


John A. Gallagher, Esquire
Representing Pennsylvania's Workforce Since 1991
Philadelphia Area Unemployment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. Call 610-647-5027 or e-Mail me at jag@johnagallagher.com


John typically represents workers who need an employment lawyer in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

Serving 19311, 19312, 19333, 19335, 19341, 19348, 19353, 19355, 19363, 19372, 19375, 19380, 19425, 19460, 19480, 19382, 19395, 19397, 18054, 18074, 18924, 18936, 18964, 18969, 19001, 19002, 19004, 19006, 19072, 19095, 19096, 19403, 19406, 19407, 19408, 19422, 19426, 19428, 19468, 19473, 19474, 19477, 19484, 19486, 19525, 19012, 19034, 19035, 19038, 19040, 19041, 19044, 19046, 19066, 19436, 19437, 19438, 19446, 19453, 19454, 19456, 19462, 19464, 19008, 19010, 19014, 19026, 19028, 19036, 19037, 19050, 19073, 19081, 19083, 19085, 19086, 19087, 19317, 19331, 19342 or 19373.

Need an Experienced Attorney for an Unemployment Referee Hearing in Philadelphia, Chester, Delaware, Bucks or Montgomery County?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.

Wednesday, August 30, 2017

Wait – What? President Trump Pardons “America’s Toughest Sheriff, ” Convicted Former Maricopa County, Az. Mayor Joe Arpaio

Missing From Picture - David Duke
In the Course of Pardoning the Joe Arpaio, President Trump Lauds Convicted Sheriff who "Kept Arizona Safe" by Making Prisoners in "Tent City" Wear Pink Underwear While They Worked in Chain Gangs

Late last Friday (i.e. when no one would notice), President Trump has issued a pardon to former Maricopa County, Arizona, County Sheriff, Joe Arpaio. Arpaio, who once proudly boasted that he was “America’s Favorite Sheriff, was convicted of criminal contempt earlier this year, and was to be sentenced in September.

President Trump tweeted his decision, proudly announcing:

 "I am pleased to inform you that I have just granted a full Pardon to 85 year- old American patriot Sheriff Joe Arpaio. He kept Arizona safe!"

Arpaio became known for his treatment of those he held in an outdoor jail known as "Tent City," where he made people wear pink underwear and work in chain gangs.


Say Your Not So, Joe
Arpaio Once Said “It’s an Honor” to be Compared to the KKK

America’s Toughest Sheriff appeared was interviewed by CNN host Lou Dobbs in 2007.  When Mr. Dobbs asked Arpaio about comparisons between his department and the KKK, the sheriff [proudly] replied, “I think it’s an honor. It means we are doing something.” 

I have no desire to be a political activist and, correct me if I am wrong, but something seems very wrong with this picture.  It is not surprising, then, that no less authority than famed constitutional scholar Lawrence Tribe believes POTUS has already committed impeachable acts





Philadelphia Area Wage and Hour Attorney Helping Employees Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis 

John A. Gallagher is an employee rights lawyer who represents individuals who work in Pennsylvania. 

John typically represents workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Wage and Hour Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in collecting wages, compensation, bonuses and severance from corporations that withhold payment from their employees and or work in East Norriton, East Nottingham, East Vincent, Easton, East Whiteland, Edgemont,  Elkins  Park,  Elverson,  Essington, Exton,  Fairless Hills, Feasterville Trevose, Fleetwood, Flourtown,  Folcroft,  Folsom, Fort Washington,  Franconia, Gap, Gilbertsville, Gladwyne,  Glen Mills,   Glenolden,  Glenside, Green Lane, Gwynedd,  Gwynedd Valley, Hanover, Harleysville, Hatboro,  Hatfield, Haverford,  Havertown, Honey Brook,  Horsham, Huntingdon Valley, Immaculata,  Jenkintown, Kennett Square,  Kimberton,  King Of Prussia, Kutztown, Lafayette Hill,  Lancaster,  Langhorne,  Lansdale,  Lansdowne, Lawrence Park, Levittown, Limekiln, Limerick, Lionville, Lititz, Londonberry, Lower Merion and Lower Moreland or any surrounding areas, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Contingent Fee Lawyer to Collect Money You Are Owed by Your Former Employer?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.

Tuesday, August 29, 2017

Victory or Defeat? Understanding a Referee Decision in a Pennsylvania Unemployment Case

HOW TO READ AND UNDERSTAND A PENNSYLVANIA UNEMPLOYMENT REFEREE DECISION

Touchdown...or Turnover?

I get many calls asking me how to decipher a document known as a Referee Decision\Order. I thought the easiest thing to do would be to provide some annotated pictures of a typical Referee Decision, followed by a summary of each page portion of the Decision.

Click Here to read about how to appeal a decision by the Pennsylvania Unemployment Compensation Service Center to receive a Referee Hearing.

Click Here to learn about how to appeal a Referee Decision to the Board of Review.

Click Here to read about how to appeal a decision by the Pennsylvania Unemployment Compensation Board of Review to the Pennsylvania Commonwealth Court.

Click Here to read about how a Referee Hearing is conducted.

Standard First Page of Referee Decision
At the very top of page 1 of the Decision there will be a section that describes what happened prior to the Referee Hearing. In other words, it summarizes what the initial decision was by the Pennsylvania Unemployment Service Center the date an appeal was filed, and by whom, along with the date of the Hearing.

Since all appeals from a Notice of Determination must be filed within 15 days of the date the Determination was issued, it is important to compare those dates.

If the Service Center initially ruled the claimant eligible for benefits, then the appeal was filed by the employer. If, on the other hand, the Service Center found the claimant ineligible, then it would be the claimant that filed the appeal.

Otherwise, the Notice of Determination is of little consequence, since a Referee pays no mind to same in the course of deciding the matter.

After that, there will be the Findings of Fact.  These really are the heart and soul of the Decision.  The Findings of Fact are crucial, because they summarize all evidence that the Referee considered and judged in reaching his\her Decision. If you believe that important evidence was not considered by the Referee, or that evidence that should not have been considered was relied upon, this is where you can find that information.

Findings of Fact and Reasoning Basis for any Appeal
After that, you will find the issue(s) decided, and the Referee’s Reasoning.  Reasoning section always begins with a recital of the law in question under the Pennsylvania Unemployment Compensation Act.  Thereafter, the Referee’s “holding” (i.e. basis for his/her Decision). It is the paragraph that constitute the “holding” that provide the ultimate rationale of the Referee – and is the first place I look when deciding if an appeal is appropriate.

At the very end of the decision, the Order of the Referee is announced. This is where to look to see whether you one or you lost. The Order will first state whether the Referee agrees (affirms) or disagrees (reverses) with the initial decision made by the Service Center (i.e. the Notice of Determination). The next sentence will announce whether you won or lost the Referee Hearing.  

Final Page Announces Referee Decision Under "Order" Section
Many but not all orders will state that the that either party has 15-days to appeal from the Decision. To be certain of your deadline, look in the upper right-hand corner of the first page.


Click Here to read about how to appeal a Referee Decision to the Unemployment Compensation Board of Review.

Philadelphia Area Willful Misconduct Unemployment Attorney Who Represents Claimants
Representing Pennsylvania's Workforce Since 1991

Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.


Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.


Thanks for checking in with us.