Wednesday, March 27, 2013

Can I Win My Pennsylvania Willful Misconduct Unemployment Hearing By Proving I Was a Good Employee and by Introducing My Positive Performance evaluations?

In a Pennsylvania Willful Misconduct Unemployment Hearing, the Burden of Proof is on the Employer 

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
Assume that for 5 years, Jane Doe has received nothing but "Exceeds Expectations" on her Employee Performance Appraisals.  But, on January 20, 2015, Jane is captured on video stealing $10,000 out of the company's safe.

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.

Thanks for checking in with us.

1 comment:

Anonymous said...

I was off work Wednesday and Friday and obtained a dr. cert for those days. I intended to go to work the following week, but ended up being sick Monday, so I went to the dr. and obtained a dr cert for that day. Then I ended up being sick Tuesday and did not get a dr cert that day. Then went to work Wednesday, and that's when they asked me for a dr. certificate for Tuesday. Please keep in mind I ended up being off work sick with Diverticulitus for about a month and a half. I was very week at this time and had difficulty performing my duties. I was in the bathroom every 5-10 minutes with my bowel issues.