Wednesday, June 4, 2014

What is the Best Way to Appeal the Referee's Decision in My Pennsylvania Unemployment Case?

One Has Only 15 Days to Appeal From a Referee's Ruling in a Pennsylvania Unemployment Hearing

15 Days Only!
You will note in the Referee Decision the date it was mailed, and the date by which you must appeal to the Pennsylvania Unemployment Compensation Board of Review (15 days after the mailing date).  If you do not appeal within the time-period, your appeal rights will be waived, and your case will be over.  There are only a few, rare exceptions to this rule.

You Get But One Bite at the Apple 

Do I Get a New Hearing When I Appeal the Decision of the Pennsylvania Unemployment Compensation Referee?

In rare cases, but usually (i.e. 90% of the time) you do not get a new Hearing.  The Hearing is your one bite at the apple.  That is one of the reasons it is a real good idea to hire a lawyer to help you at the Referee Hearing.

What Happens After I Appeal the Referee Decision After My Unemployment Hearing?

The Unemployment Compensation Board of Review has the testimony offered at the Hearing transcribed, and the UCBOR staff review the testimony and Exhibits, consider the applicable law, and make a decision as to whether to affirm the Referee's Decision or overrule it.

Should I Hire an Attorney to Help With My Appeal From the Decision of the Referee Entered After My Pennsylvania Unemployment Compensation Hearing?

TD!  But, For Who?
In many cases, it is a real good idea.  Referee's are supposed to follow certain rules and procedures at the Hearing, and they are supposed to make decisions based upon the law found in precedent decided by Pennsylvania courts.  Smart and resourceful as you may be, it is very difficult to find out what procedures the Referee may have missed, or the cases that may support a finding in your favor.

Lawyers who do this work on a regular basis can do this type of thing with relative ease.

The Referee at My Pennsylvania Unemployment Compensation Hearing Was Unfair and Made Mistakes - Can I Appeal That?
Rules, Precedent and Justice -
Keys to Your Appeal

Yes.  I often rely upon the following principles when I appeal to the UCBOR when my client represented himself/herself at the Hearing:

1) The Unemployment Law is "remedial" in nature - that is - it is intended to be read in such a way so as to help Pennsylvania citizens who need benefits and have a just claim for benefits;, and,

2) There are cases and Pennsylvania Code provisions that state that Referees are supposed to err on the side of helping Claimants who represent themselves at Unemployment Hearings. I often find Referee's err on the side of helping employers when Claimants are acting pro se.  Sad, but true.

How Much Does it Cost to Hire a Lawyer to Handle My Appeal From the Decision of a Pennsylvania Unemployment Compensation Referee?  

Although it is somewhat case dependent, I typically charge less than 2 weeks worth of Unemployment Benefits.

If I am retained, I order a copy of the Transcript and Exhibits from the Hearing.  As long as I do this within the allotted 15 days, the appeal is timely.  When I get the Transcript/Exhibits, I then submit a Brief to the UCBOR (they usually give me 15 days to do this from the date I receive the Transcript/Exhibits).

In the Brief, I point out significant testimony and evidence, and case law that supports my client's position. The UCBOR appreciates having such a "road map," and this can often spell the difference between winning and losing your Appeal!  There is little doubt that this is the best way to Appeal the Referee's decision.

                         Lawyer Who Represents Employees in Pennsylvania Unemployment Appeals

I Have Successfully Appealed Many
Erroneous Referee Decisions
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.

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