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Do You Need an Attorney for a Willful Misconduct Unemployment Referee Hearing in Chester County, Delaware County, Montgomery County, Bucks County, Berks County or Philadelphia?
I have handled many, many Referee Hearings where the issue is whether the Claimant (employee) had engaged in willful misconduct.
For an experienced lawyer, these cases are relatively straightforward and, provided the employee did not admit to wrongdoing, often quite winnable.
John's Willful Misconduct Video:
How is that, you ask?
Well, the employer in such cases has the burden of proof and production; that means the employer must present its case first, and must provide competent evidence of misconduct in order to satisfy its burdens.
What is competent evidence?
Usually, live testimony from someone who actually witnessed the alleged acts of misconduct. The rules of evidence apply at Unemployment Hearings, and I am often able to exclude incompetent evidence (i.e. hearsay, etc.) from the case. Once such information has been excluded from the Hearing, victory is often only a few short steps away.
|Hard to Win Most Quit Cases Without Counsel|
It is probably a very good idea to hire an attorney to represent you for a voluntary quit case before an Unemployment Referee.
Why is that?
In a voluntary quit case, the Claimant (employee) has the burden of proof and production; that means you must present competent evidence demonstrating that you had a necessitous and compelling reason to quit your job. You may want to look at our Video discussing this principle:
This can be very tricky, indeed. The law relating to voluntary quit cases, as established through legal precedent in hundreds of cases decided by Pennsylvania courts over the years, is very well-defined and precise. One must provide just the right competent evidence in order to satisfy the legal tests for voluntary quit in order to have a chance at winning.
I win many voluntary quit cases, and am usually able to tell after speaking with a person for 5 minutes over the phone whether there is a realistic chance of winning.
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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.