How Do Obtain the Documents I Need for My Pennsylvania Unemployment Hearing? Can I Do Discovery Before my Unemployment Referee Appeal Hearing?

Legal Discovery Enables One to Map Out a Course of Action

What is "Discovery" in a Legal Proceeding or Lawsuit?

The process of obtaining documents and information before the start of a trial is known as "discovery." Discovery is secured by asking questions called Interrogatories, securing documents via Requests for Production and then taking depositions. The benefits of discovery are obvious - one can evidence to use to their advantage at trial, and can prepare for unfriendly evidence at the same time!

"Discovery" Before an Unemployment Referee Appeal Hearing is Limited

I Have an Unemployment Hearing in Pennsylvania, What Can I Do to Prepare?

Unemployment Hearings are administrative in nature, so there is no right to full discovery. However, it is vital to secure or review a copy of the Referee's File before the hearing (and preferably, days before the hearing). That way, you will be able to see what documents, statements, information and other proof the employer intends to submit at the hearing. This is especially crucial in a willful misconduct case, where the employer has the burden of proof (and thus must go first).

Can I Get a Copy of My Hearing File Before My Unemployment Appeal Hearing before a Referee in Pennsylvania?

In order to do this, you must take your Notice of Hearing to the Referee's Office, present your photo ID and ask for a copy of the file (they will almost always give you a copy - if not, just review the file and take pictures of crucial documents).

In a Telephone Hearing, the job is much easier. There, the Referee will send you the full file along with the Notice of Hearing.

Beyond obtaining a copy of the file before the Hearing, there is no discovery (although you can try to get a subpoena issued - but Referees are hesitant to do so). Moreover, unless it is a Telephone Hearing, the parties are free to introduce additional evidence at the Hearing, and employers will, either as a matter of strategy or because they simply were not being fully attentive prior to preparing for the hearing, often come to the hearing loaded with additional information intended to help them prevail at the Hearing.

That is why it is a real good idea to consider hiring counsel for your Appeal Hearing. Attorneys know how to prepare for Hearings, know the rules of evidence and are artful at developing winning strategies!