You've received a document from the Unemployment Service Center called "Notice of Financial Determination." This document tells you how much in unemployment benefits you will get. "Yay," you think, "that means I get unemployment!"
No, it doesn't. EVERYONE who applies for Pennsylvania Unemployment gets a Notice of Financial Determination, no matter why their employment ended. However, it does not mean you are entitled to benefits. Rather, it only tells you what you will get, if you are approved for unemployment benefits.
Always Complicated, and Proving Status at Referee Hearing Requires Precise Game Plan |
I Received a Notice of Determination Saying My Claim Has Been Denied Because I was Guilty of Willful Misconduct - How Do I Appeal?
Appeal Within 15 Days and Simply Say "I Disagree with the Determination" |
It is the Notice of Determination that tells you if you are actually approved for benefits. That usually arrives 4-6 weeks after the Notice of Financial Determination, and it tells you if you are qualified for unemployment benefits. Click Here for answers to the most commonly asked questions about Pennsylvania Unemployment, which explains how the processing of your application works.
The two most common reasons to deny benefits? 1) You quit without a good reason; and, 2) You were fired because you engaged in "willful misconduct" justifying a denial of benefits.
Most common area of confusion? Whether unemployment benefits can be denied for an employee who was fired for (alleged) poor performance. Answer: No (click Link above to learn more).
Understanding the Rules of Evidence and Burdens of Proof Essential to Winning Before a Referee |
If you get a Notice of Determination granting you benefits, then the employer can appeal, and a
Referee's Hearing will be scheduled.
Usually, the Referee's Hearing will be held within a month of any appeal from a Notice of Determination. You can have an attorney represent you at the Hearing, and in my view it's a real good idea to consider doing so!
That is so because, in a willful misconduct Hearing, the employer has the burden of proof, and understanding what that means is critical to success. Moreover, Pennsylvania's rules of evidence, and particularly those relating to Hearsay, are in play at a Referee Hearing, and making proper objections can make or break your chances of winning.
Excluding Hearsay Crucial |
Only One Chance to Get it Right |
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
I Want to Quit My Job and Get Unemployment Benefits in
Pennsylvania
Pennsylvania Unemployment Determination of Financial
Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS
The Burden of Proof in a Pennsylvania Unemployment Appeal
Referee Hearing
What is My Base Year Under Pennsylvania's Unemployment Law?
HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS
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