Thursday, March 3, 2011

POOR PERFORMANCE IS NOT WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW

 
I WAS FIRED FOR POOR PERFORMANCE - CAN I GET UNEMPLOYMENT BENEFITS IN PENNSYLVANIA?

Well, the title says is at, but let us say it again: You cannot be disqualified from getting unemployment on the grounds of willful misconduct because your employer deemed you a poor performer.

That does not, however, stop many employers from trying to beat you on your claim for unemployment under such circumstances.

There are many angles companies try to take in poor performance cases: 1) the employee lied about their qualifications when they applied for the job; obviously, says employer, this crappy employee could not have had all of the experience they claimed to have; 2) the employee just wasn't trying hard enough, and was not committed to the job.

Usually, though, employers recognize that those defenses are useless.  So, they resort to the number one tactic employers use to try and win an unemployment case against a perceived poor performer is:  THEY LIE ABOUT WHY THE EMPLOYEE WAS FIRED.  They essentially fabricate a reason they believe will qualify as willful misconduct and present that to the Referee at the Hearing.  By the time their done, the Referee thinks your Charlie Sheen-esq (or Lindsay Lohan, as the case may be), and you lose the case!

Lawyers Are Good at Exposing Lies in Legal Proceedings!

Employers routinely lie at Hearings under oath?! Yes, that sounds harsh.  And maybe, after we do our next 1,000 hearings, we will realize that our conclusions on  this point are all wrong.  But we doubt it.

Employers do unemployment hearings all of the time, and they take them seriously.  Employees almost never do them, and often figure that justice will be served in their favor.  Then, they get stomped and call an attorney to help file an appeal from the Referee's decision "where all of the lies will be proved."  Too late, an appeal from a Referee's decision is based solely upon the record created at the Hearing.  That's it - finito.  Charlie Sheen it is.

That's why, in our view, employees should consider speaking with an unemployment lawyer before the Referee's Hearing is over.

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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