HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What is an ILLEGAL
Hostile Work Environment? Workplace Bullying Alone is Not Illegal in
Pennsylvania
Employee Complaints
and Retaliation - What is Legal and What is Illegal
FILING A CHARGE OF
DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS
United States
Employment and Discrimination Laws - An Overview by Pennsylvania Employment
Lawyer
UPDATE on Recent and
Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC
Ranking the Most
Common EEOC Discrimination Claims in 2011
You will be in a room about 15 x 20. The Referee will sit at the head of the table. You will sit on one side (with your lawyer and any witnesses), the employer on the other (with their lawyer and any witnesses).
First, the Referee will explain your rights. Then he/she will introduce all of the exhibits. Then testimony will begin.
If the issue is whether you were fired for willful misconduct, the burden is on the employer, and it will have to prove its case first. If the case is about your quitting, the burden will be in you to prove that you had a necessitous and compelling reason to quit, so you will go first.
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| She May be Blind - but She Understands and Applies the Rules of Evidence! |
Burdens of Proof are extremely important to understand!!! In fact, one could say that understanding them is the most important thing that a qualified and experienced attorney can bring to an administrative hearing such as on for unemployment benefits before a referee!
Need Experienced Legal Counsel for Unemployment Hearing Held by Telephone Anywhere in Pennsylvania?
Any documents that contain statements from people that are not in the room should be objected to as hearsay. Any testimony about what someone who is not in the room said, did or heard should be objected to as hearsay. You will have a right to cross-examine the employer. If you do not have a lawyer, you will be expected to give the testimony you need to, and to cross-examine the company's representative.
Lawyers Who Handle Telephone Hearings Throughout Pennsylvania for Unemployment Appeals
One thing you may want to consider before the testimony actually starts is seeking sequestration of witnesses. What is sequestration? The process of removing witnesses from the room who have not yet testified, so that they will not be able to "parrot" the testimony of other witnesses. So, if your employer has 3 witnesses, you want to remove any that are not testifying until it is actually their turn to testify. Simply ask the Referee to sequester the witnesses. If they ask you why, say "to insure the integrity of the proceeding." Referee's almost always grant sequestration. If they refuse, it could be a basis for a new Hearing on appeal.
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| There is a LOT of Money at Stake in an Unemployment Appeal Hearing! |
The Employer Will Have Witnesses and Exhibits at an Unemployment Appeal Hearing, There is No Discovery and the Rules of Evidence Will Apply - Are You Willing to Represent Yourself With So Much Money on the Table?
The Hearing will be recorded, and you will have a right to appeal if you lose. However, winning the appeal is hard (you do not get a new Hearing, it is based entirely upon the transcript of the hearing). Given the importance of unemployment benefits, and the fact that most companies have a lot more experience with unemployment hearings than you do, it is a good idea to hire an experienced unemployment lawyer for Unemployment Hearings in Pennsylvania.
One other thing to bear in mind - Poor Performance is not a basis for denial of unemployment benefits. Employers know this, and will often cultivate reasons for why the employee was terminated in an effort to convince the Referee that the true reason for the firing was some act of willful misconduct, as opposed to poor performance. In such "pretext" cases, the skills of an experienced attorney could be worth their weight in....a year of unemployment benefits.
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| Call 610-647-5027 if you Want to Explore Potential Representation at an Unemployment Hearing |
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