Tuesday, March 2, 2010

How Do I Appeal Unemployment in Pennsylvania? I Was Denied Unemployment Benefits and Need to Appeal of Have Appeal Hearing


Benefits Critical in Your Time of Need

We have handled many Unemployment Hearings before Referees in Chester CountyDelaware CountyMontgomery County, Berks County, Lancaster County, Bucks County and Philadelphia County.

We know that you have lost your job, and we understand how important these benefits are to you.

WILLFUL MISCONDUCT OR VOLUNTARY QUIT CASES

Ordinarily, Pennsylvania unemployment benefits will be immediately be provided to you if, in your initial application to unemployment, you indicate that you were "laid off" or were the victim of a "reduction in force."

To the uninitiated, "laid off" sometimes means "terminated from employment without being given a satisfactory explanation as to why I was terminated." In many cases that we are seeing, people are saying they were "laid off" because they disagree with or do not fully understand the employer's reason for firing them. Since they are representing to Unemployment that they are laid off, they are immediately paid benefits.

When a claim is submitted via Pennsylvania's on-line application for unemployment compensation, it is critically important to understand the difference between a quit, a lay-off and a termination.

Submitting the Claimant's Application on Line - Quit, Termination, Lay-Off or Reduction in Force?

Make Sure You Complete the Application Accurately

However, what many people do not know when they submit that initial application, is that even after benefits have been paid to the terminated employee, the Unemployment Service Center is conducting an investigation into the circumstances surrounding the end of the employment by asking the employer to provide information on that issue.

Click Here for our most comprehensive and up-to-date Post concerning the issues to be considered when applying for Pennsylvania Unemployment Compensation Benefits.

Not Always Clear if it was
a Quit or a Fire
In many cases, employers are very concerned with paying unemployment, and they will make every effort to stop the payment of benefits by stating, either truthfully or falsely, the reasons for the termination. In other cases, your ex-employer will tell unemployment that you quit your job, even where that is not exactly true.

If the employer tells unemployment that you were terminated for willful misconduct or that you quit your job, the Service Center will send a questionnaire to you and your employer asking for written statements as to why the employment ended.  These questionnaires is not a model of clarity, so you need to take care when responding

Having received answers to from you and your former employer, the Service Center issues a Notice of Determination either granting or denying the benefits.  If your claim is denied, you are permitted 15 days - and ONLY 15 days - to file an Appeal, in which case the matter will be scheduled for a Referee Hearing.

You MUST Appeal Within 15 Days

WHAT TO DO AFTER YOU RECEIVE THE NOTICE OF DETERMINATION

If you received a Notice of Determination ("NOD") denying you unemployment compensation, you should immediately appeal the denial (you have only 15 days to do so).  If your appeal is late, game over.  Late appeals are almost never permitted.

15 Days to Appeal!!

If the NOD is in your favor, the employer has the same 15 days to appeal.  However, you usually won't know whether the employer appealed until you receive a Notice of Hearing....

When you file  an appeal from an NOD, you need not say much. In fact, we tell our clients to simply state that "I disagree with the Determination."

Give Yourself the Best Chance by Hiring Counsel

THE UNEMPLOYMENT HEARING

If either you or the employer appeals the NOD, an Unemployment Hearing will be scheduled before a Referee (this Hearing usually takes place within 30 days of the appeal being filed).  At that Unemployment Hearing, an Unemployment Referee will decide whether the employee has engaged in willful misconduct or, where a voluntary quit is involved, whether the quit was justified.

If the employee loses that hearing, then the Referee may also decide whether the employee was untruthful in his or her initial application. If so, it will be deemed an "at-fault overpayment" (in which case you will have to pay back the benefits you received immediately and penalties may be imposed) or whether it was a "non at-fault overpayment" (in which case you only have to pay back the benefits if, during the next three years, you apply for unemployment again).

BIG Difference Between "Fault" and "Non At Fault" Overpayments

OVERPAYMENT ISSUES

Overpayments occur when, after you were initially granted benefits, the Service Center later determines that you are, in fact, ineligible for benefits.  If, after benefits were initially granted, they are later denies, then Unemployment asks the employee to pay back the benefits that he or she has received prior to the determination.

If the Service Center deems that you were honest when you completed your initial application for benefits, then it will be deemed a "non at-fault overpayment."  This usually occurs when you received benefits because your employer did not initially respond to the Service Center's request for information.

However, if Unemployment believes that the employee lied during their initial application (i.e where an employee stated he/she was "laid off" when in fact they knew they were fired for excessive absenteeism, or when they state they were fired even though they actually quit), it is deemed an "at fault overpayment," and penalties may be imposed.

There is a "Legal Test" for This

INDEPENDENT CONTRACTOR CASES

Another less common area of dispute centers on whether the terminated employee was in fact a w-2 Employee versus a 1099 Independent Contractor (the independent contractor issue comes up much more frequently with post-unemployment job opportunities.  Click Here for more on Independent Contractor cases in general).

Misclassification Common,
and Usually Result of Company's Intentional Effort
to Dodge Payment of Taxes and Benefits

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

Misclassification of Employees as Independent Contractors - What's That Mean? Pennsylvania Contingent Fee Lawyers Explain


Can 1099 Workers Get Overtime? What Can I Do if I Have Been Misidentified as an Independent Contractor (Paid on a 1099) When I Should be Deemed to be an Employee (w-2 Worker?)  Pennsylvania Employment Lawyers Explain

Am I Really a Self-Employed Independent Contractor?  How Do I Know if I am Self-Employed or Properly Identified as a 1099 Employee??

Misclassification of Employees as Independent Contractors and 1099 Workers in Pennsylvania

Where your employment status is at issue, you and the company in question will receive an Independent Contractor Questionnaire, which can also be referred to as a Self-Employment Questionnaire.  These are also quite tricky. 

Pretty Tricky!

Once you and the company submit answers to the Questionnaire, the Service Center will issue a Notice of Determination announcing its findings as to whether you were an employee or an independent contractor.

15 Days
No If, Ands or Buts!

If the NOD is against you, then you have 15 days to appeal; conversely, if you win, the employer has 15 days to appeal. Any and all appeals result in a Referee Hearing.

Similarly, Independent Contractor disputes are decided by Referees at Unemployment Hearings.

Referee and Employers Have Done a LOT More hearings Than You
That is Why is is a Good Idea to Hire Counsel for the Hearing

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

BECAUSE I HATE YOU: The Reasons Why Many Employers Fight Unemployment Claims in Pennsylvania - and What You Can Do About It

Philadelphia Area Lawyer's Quick Answers to the Most Common Pennsylvania Unemployment Questions

Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Seven Things to Know About The Pennsylvania Unemployment Compensation Board of Review

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Appeal Hearing -  Experienced Unemployment Lawyers Explains Why They Are Generally Irrelevant

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Pennsylvania's Unemployment Compensation Board of Review - Philadelphia Lawyers Who File Appeals With Unemployment Board of Review

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job?  

Overpayments Under Pennsylvania Unemployment Law - Fraud, Non-Fraud, At Fault, Non-At Fault- Can I Go To Jail for an Unemployment Overpayment in Pennsylvania?

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

Can I Get Unemployment In Pennsylvania If I am Working a Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing Unemployment Benefits?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Forced to Resign:  What Are My Rights if I am Forced to Quit From My Job in Pennsylvania?

POOR PERFORMANCE IS NOT WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW

610-647-5027


Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Bridgeport, Eagleville, Lafayette Hill, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Gilbertsville, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glen Mills, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, Garnet Valley, Upper Chichester, West Grove, East Fallowfield, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

 

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