CONFESSIONS and Pennsylvania Unemployment Law - How to Answer a Claimant Questionnaire

Save it for the Confessional!

PA UNEMPLOYMENT QUESTIONNAIRE DOs and DONTs- HOW TO ANSWER A QUESTIONNAIRE FROM THE PENNSYLVANIA UNEMPLOYMENT SERVICE CENTER

We are  sure that most applicants for Pennsylvania Unemployment Benefits have little or no idea as to how the process actually works. How could they?  Unlike employers' who terminate many people and

are intimately familiar with the unemployment process, many employees have never been fired, or applied for benefits before.

Best to Appeal and...

As we have discussed in the past, your claim is first analyzed and decided by the Pennsylvania Service Center.  Thereafter, if either side appeals from the Service Center's determination, a Hearing before a Pennsylvania Unemployment Referee is held. 

Present Case to Referee

What Happens at an Unemployment Hearing in Pennsylvania - Who Has the Burden of Proof at an Unemployment Appeal Hearing?

Critically, if you were terminated from your job, then the employer BEARS THE BURDEN OF PROVING YOU ENGAGED IN WILLFUL MISCONDUCT.  This can often be a difficult thing for an employer to do, since very often the facts that the employer needs to prove to win at the Referee Hearing are inadmissible Hearsay. 

Resist the Urge to "Come Clean"

What is the easiest way for an employer to win a Pennsylvania Willful Misconduct Unemployment Hearing, then?  YOUR CONFESSION!

Written Admissions of Wrongdoing Lethal in Pennsylvania Unemployment Hearings

In a recent Post, we discussed how employers attempt to obtain confessions from employees in order to gain maximum strategical advantage when terminating an employee.  If you have avoided such a confession to your employer, then you are working with a clean slate when applying for unemployment benefits.

Make Sure You Do Not Admit Guilt - and Don't Criticize Employer

WHAT SHOULD IS SAY WHEN ANSWERING A QUESTIONNAIRE FROM THE PENNSYLVANIA SERVICE CENTER REGARDING MY CLAIM FOR UNEMPLOYMENT BENEFITS?

If your claim is being contested, you will likely receive an Employee Questionnaire, which asks you to provide your position on the matter.  Here, many employees make a crucial mistake:  They confess to having done wrong, often "explaining" that "everyone does it" or suggesting that they were justified due to factors over which you had no control.

The thinking, I believe, is that the Unemployment Service Center will "see my point of view" and "will appreciate my honesty."  These thoughts are flawed.



Service Center: Friend or Foe?

In our view, one must be very, very careful when completing an Employee Questionnaire.  In fact, if you have been accused of document falsification, theft or dishonesty, committing a serious work rule violation that caused damage to the company's property, or otherwise engaging in similarly serious misconduct, you may assume that the Service Center will rule against you no matter what you say. 

DO I HAVE TO RESPOND TO AN EMPLOYEE QUESTIONNAIRE FROM  PENNSYLVANIA UNEMPLOYMENT?

No, you do not have to.  Hence, in certain circumstances, such as those described above, my it may be a good idea to ignore the questionnaire entirely.  Better to do that than to write something that can later be used against you in an Unemployment Hearing. Better to say nothing and get ready for the Referee Hearing than to say something that is tantamount to an admission that will cost you dearly at such Hearing.

For a discussion on additional pitfalls of "Confession" as relates to your employment rights, Click Here. 

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 represent 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.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Trooper, Quakertown, Pottsgrove, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Stowe, Bryn Mawr, Wayne, Newtown Square, Exton, Dresher, Aston, Brookhaven, Center City Philadelphia, West Chester, Lima, Oxford, Kennett Square, Skippack, Langhorne, Haverford, Newtown Square, Broomall, Drexel Hill, Reading, Eagle or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Thanks for checking in with us.