Monday, July 12, 2010

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

Need an Experienced Lawyer for Unemployment Appeal Hearing in King of Prussia, Springfield, Bristol, Philadelphia or Anywhere in Pennsylvania?

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Pennsylvania Unemployment Attorney Serving Chester County, Montgomery County, Delaware Count, Northeast Philadelphia and Center City for Referee Appeal Hearings Held in King of Prussia, Springfield, Bristol, and Philadelphia 

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.

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.

Representing Pennsylvania Workers Since 1991
Lawyer John A. Gallagher in Malvern, PA Handles 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.
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.

John Has Handled Hundreds and Hundreds of Referee Hearings
and Knows How to Win Them!
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 (5-15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Malvern, Paoli, Wayne, King of Prussia, Downingtown, Villanova, Glenside, Doylestown, Bryn Mawr, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Ardmore, Haverford, Nether Providence, Broomall, Drexel Hill, Reading 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.

Call 610-647-5027 if you Want to Explore Potential Representation
at an Unemployment Hearing 
Need an Experienced Lawyer for an Unemployment Appeal Hearing Before a Referee in 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.

No comments: