Tuesday, August 23, 2011

UNEMPLOYMENT TELEPHONE HEARINGS IN PENNSYLVANIA - WHAT YOU NEED TO KNOW

There Are Critical Rules to Know Where Phone Hearings are Concerned!

UPDATE: May 2020: ALL UNEMPLOYMENT APPEAL REFEREE HEARINGS BEING CONDUCTED DURING THE PANDEMIC IN PENNSYLVANIA ARE BEING DONE BY TELEPHONE

As of June 17, 2011, either side (employer or employee) may, upon proper request, have the right to appear at an Unemployment Hearing via telephone for whatever reason.

However, the rules for Telephone Hearings are very precise, and tricky.

Here is the key thing to know:

If either side is granted permission to appear telephonically, then both sides must submit all documentary evidence they wish to present at the Hearing at least 5 days prior to the start of the Hearing.  If one fails to do so, one will be precluded at the Hearing from presenting any additional documentary evidence, no matter how crucial it may be.

This rule applies even if you intend to show up at the Hearing in person (i.e. the employer sought to appear by telephone but you did not).

This rule applies even if, despite your initial request to appear telephonically, you ultimately decide and do show up at the Hearing in person.  In other words, if you realize that you failed to submit documents in advance of the Hearing and figure you can "cure" the problem by showing up in person, you still will be precluded from presenting any additional documentary evidence at the Hearing.

There is good news and bad news about Telephone Hearings. 

Good News:  In substance, Telephone Hearings are most beneficial to people who understand the rules, and who can anticipate what the issue in the case will be.  The new rules mean that you will be able to see all of the documents that the employer intends to rely upon 5 days before the start of the Hearing.  You may then strategize accordingly.

Bad News:  On the other hand, if you do not know how the rules work, and cannot anticipate the employer's case, you can get smoked based upon the documentary evidence rule.  Here is an example:

You are at the Hearing and the employer surprises you by claiming that you were fired because you failed to complete a job on time.  You have an e-mail that shows you did complete the job on time, but you had not previously submitted that e-mail 5 days prior to the Hearing.  You will be precluded from introducing or even discussing that e-mail at the Hearing.

Since many employers rely upon testimony from HR personnel and managers (employers are notorious for electing not to document things they want to use against employees), the documentary evidence may not hurt them as much as it will employees, who must often "resort" to documentary evidence they have to rebut or disprove employer's testimonial evidence.

We believe that the bad news far outweighs the good where employees are concerned.  In fact....

TELEPHONE HEARINGS FAVOR COMPANIES IN SOME VERY SIGNIFICANT AREAS

First, the Telephone Hearing procedures favor those who have the greatest understanding of how unemployment hearings work.  That is almost always employers, who typically appear at many Hearings each year, and are often guided by their attorneys. Claimants, on the other hand, have little or no familiarity with how hearings work, and don't have a cadre of lawyers on retainer to help educate them.

Further, the absence of any obligation to travel to and from the Hearing site will mean that more employers will be contesting unemployment, and will likely have more witnesses at their side.  

You Really Only Get One Chance to Win
At the Referee Appeal Hearing

THE HEARING IS THE ONLY BITE AT THE APPLE YOU WILL GET, SO BE PREPARED

One other thing to keep in mind:  As we have posted on in the past, appeals from the decisions of Unemployment Referees are very limited, and one will not on appeal be allowed to introduce any evidence in aid of the appeal that was not introduced at the Referee Hearing.  So, no matter how valuable the documentary evidence is that you have but did not introduce at the Hearing, it will not be considered on any appeal to the Unemployment Compensation Board of Review.

WHY RETAINING AN ATTORNEY FOR A TELEPHONE HEARING IS MORE CRUCIAL NOW THAN EVER

We know, this sounds like a self-serving proclamation.  But, read on...

In sum and substance, we believe the Telephone Hearing rules make it more critical to retain an attorney than if the Hearing is to be attended by both parties in person.  Simply stated, an attorney that has been to hundreds of Hearings is in a better position to anticipate the critical issues and evidence than an employee going through the process for the first time.  Since employers are typically guided by counsel behind the scenes, and understand the rules of unemployment because they have been to many Hearings, the typical unrepresented claimant is at a real disadvantage at a Telephone Unemployment Hearing.

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

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

Why Hire An Attorney for My Pennsylvania Unemployment Hearing?

How Do I Appeal Unemployment in Pennsylvania? I Was Denied Unemployment Benefits and Need to Appeal of Have Appeal Hearing

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

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

Philadelphia Area Lawyer's Quick Answers to the Most Common Pennsylvania Unemployment Questions

Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?

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?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

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?

POOR PERFORMANCE IS NOT WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW

Are Temporary Employees Entitled to Unemployment in Pennsylvania?



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Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

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