Generally speaking, no. Click Here for a full examination of this issue.
If an Employee Engaged in Willful Misconduct and the Company Proves That at a Pennsylvania Unemployment Hearing Before a Referee, the Fact that the Employee Had an Excellent Employment History Will Not be Relevant
|This is Misconduct|
Do you think that Jane's evidence that she was a good employee will help her win the case?
An Employee Cannot be Disqualified From Receiving Pennsylvania Unemployment Benefits if the Employee Was Fired Due to Alleged Poor Performance
|If You Are Trying Your Best, You Cannot be Found|
to Have Engaged in Willful Misconduct
"Poor Performance" is not "willful misconduct." That is so because an employer cannot win a Pennsylvania Unemployment Benefits case unless it can prove that the employee lost his/her job through "no fault" of his/her own. The term "fault" implies intentional misconduct. Employees who try hard, but are perceived as falling below the company's expectations have not engaged in intentional misconduct. Therefore, they cannot be denied unemployment benefits in Pennsylvania.
|Helping Employees Since 1991|
Philadelphia Area Employment Attorney Representing Employees
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.
Pennsylvania Employment Attorney Provides Free Telephone Consultations
If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call. I am always glad to spend some time with people via a free telephone consultation.
Need an Employment Labor Lawyer Near Philadelphia?
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
Click Here to e-mail John directly.