Tuesday, November 19, 2013

Winning Unemployment Benefits in Pennsylvania - How Can I Win My Case for Unemployment Compensation in Philadelphia, Malvern, Norristown, Springfield or Bristol?

What Should I Say on my Pennsylvania Unemployment Application Wen I Apply fr Unemployment Compensation Benefits??

The truth. What does that mean?

This is NOT a Layoff!
If you were separated involuntarily from your job, you should recite the reasons you were told you were being let go, whether you believe the employer was telling you the true reason, and whether you agree that your termination was fair. 

Unless you were clearly advised you were laid off or the victim of a company/department wide reduction in force, you were terminated.

When you apply, report what you were told, and you can explain your side down the road. If you quit, say so and clearly state why.  The issue in cases where you were terminated from the job is whether you engaged in "willful misconduct."

What Does Willful Misconduct Mean Under Pennsylvania Unemployment Law?  Perhaps You Will Find John's Recent Video on the Topic Helpful

If You Quit Your Job, You Can Get Unemployment in Pennsylvania Only if You Had a Necessitous and Compelling Reason to Leave the Job

If you quit the job you must prove that, under Pennsylvania law, you a had a legally sufficient reason to do so for purposes of qualifying for unemployment compensation benefits.  Our recent video discusses these principles:

What Happens After I Apply for Unemployment in Pennsylvania?

The Service Center is Key
The UC Service Center contacts the employer to confirm the accuracy of your application and get the employer's side. The Service Center, which is who initially decides if you are entitled to benefits, may thereafter ask you and/or the employer for more information. It then issues a Notice of Determination announcing its decision.

NOTE: if it is a close call, and your initial application was misleading (i.e. you said you were laid off when you were in fact terminated), credibility determinations by the Service Center will likely go against you. That could lead not only to an initial finding that you are not entitled to benefits, but also to a finding that you received an at fault (fraud) overpayment. You don't want that!

The Unemployment Referee Hearing in Pennsylvania

If anyone appeals from the Service Center's Notice of Determination, a Referee Hearing is held. In termination (willful misconduct ) cases, the employer goes first and must prove you did wrong. Beware Hearsay!

In voluntary quit cases, the employee goes first and must prove he/she had a necessitous and compelling reason to quit.

NOTE:  In quit cases, you must not only the circumstance that caused you to quit, but also that you brought those circumstances to the employer's attention and tried to work it out before you quit.  here is a video discussing what happens at Pennsylvania unemployment hearings before a referee:

Lawyer in Chester County Who Specializes in Handling Unemployment Referee Hearings in Malvern, Norristown, Bristol, Springfield and Philadelphia

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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