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

'nuff Said

People Who Are Mad at Other People Sometimes Try to Hurt Them

In many, many unemployment hearings that we attend in Pennsylvania, the employer some financial interest in the outcome in the case (claims against smaller employers are paid exclusively by the unemployment compensation fund; however, there is a tax paid into the fund that increases every time an employee is successful in obtaining benefits, so there is some financial motivation to fight a claim). And, while the taxes can add up, and companies do seek to avoid them wherever possible, that alone cannot explain why unemployment appeal hearings before a Referee are often hotly contested cases.

The Person That Fired You  May be Angry With You

So, what other explanation could there be for the frequently hostile nature of these proceedings?

In a simple colloquialism: Familiarity breeds contempt!

The employer is mad at the employee.

Why?

Many reasons such as 1) the employee quit the job; 2) the employer believes the employee engaged in willful misconduct that led to termination; 3) the employer did not like the employee, and that is why the relationship ended; or, 4) the employee has the nerve to question the employer's wisdom by seeking unemployment benefits.

Why is this important to know?

Human nature is such that people who are angry and have an axe to grind will do whatever they can to hurt their enemy.  It is shocking to say, but that means that sometimes angry employers will lie at Unemployment Hearings.

So?  Can't I prove they are lying?

Not very easily - unless you have mastered the rules of evidence (and particularly those relating to hearsay) and fully understand what facts/lies are important.  And, it is important to bear in mind that, while this is probably your first or second unemployment hearing, your former employer has probably been to many before.

Won't the Unemployment Referee help me?

Don't count on it.  We appear in front of many of these Referees, and cannot say much about some of the things that we have seen them do (right in front of us).   Many of them are fabulous, some are not.  But very few of them protect an unrepresented Claimant at a hearing.  That's what attorneys are for.

Limited Rights on Appeal from Referee Decision

OK,  then we will appeal what the Referee decides and prove they lied.

Not so fast.  On appeals from a Referee's decision in Pennsylvania, the only things the Review Board considers is what was said and introduced into evidence at the Hearing.  Even it it was all lies, and you can prove it, the Review Board will not consider ANY new evidence (except in the very rarest of circumstances).

Lesson?

Angry people lie, unrepresented people get hammered by the system sometimes, unemployment benefits are very important.  Therefore, even if you are not going to hire an attorney to represent you at your Pennsylvania Unemployment Hearing, you should read up on hearing procedure and unemployment law as much as possible before you go into the Hearing.  While learning the Rules of Evidence is an impossible task, try and learn as much as you can about the hearsay before you go in there.

More questions about Pennsylvania unemployment law and procedure?  Click Here for our answers to your most FAQs.

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

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

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?

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?

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