Thursday, June 5, 2014

Willful Misconduct Lawyer in Pittsburgh or Harrisburg

Have a Willful Misconduct Unemployment Hearing With a Referee in Greensburg, Johnstown, McKeesport, Oil City or Pittsburgh, Pennsylvania? 


Since I am in Pennsylvania, and have written so extensively on Pennsylvania Unemployment law issues, I regularly received inquiries from people west of the Susquehanna (i.e. Harrisburg and points west), asking if I know anyone like me in their area.

So, I asked around, interviewed quite a few lawyers, and settled upon my doppelg√§nger, a firm that consistently wins Unemployment Hearings in areas west of Philadelphia, and charges a fair price to do so.

Call or e-Mail me, and I will put you in contact with him without delay (I charge you nothing for this service).

What is Willful Misconduct Under Rule 402(e) of the Pennsylvania Unemployment Law?  If I am Fired for Poor Performance, Can I Win My Willful Misconduct Hearing?

Willful misconduct is a term of art used in unemployment hearings before a Referee.  The employer has the burden of proving that an employee engaged in willful misconduct, so they must present testimony and evidence first at a Referee Hearing.

Take a look at John's video, wherein he explains what "willful misconduct" means under Pennsylvania unemployment law:



Have a Willful Misconduct Referee Hearing in Pittsburgh Area and Need an Attorney to Help You Win?  How Does the Company Prove That the Employee Engaged in Willful Misconduct at an Unemployment Hearing in Allegheny County, Dauphin County, Cumberland County, Erie County or Washington County?

The 3 common most types of willful misconduct are:

But, They Have to Prove That's You
Behind the Mask!
1)  Breaking the same rule over and over again after having been warned (THINK: lateness, absenteeism, surfing Internet, too long lunch breaks....);

2)  Doing something violent, highly disruptive or dishonest on a single occasion (THINK: Falsifying time records, forging a signature, watching porn on the Internet, threatening a co-worker,etc.); or,

3)  Making an accidental mistake that costs the company a lot of money:  (THINK:  Having an accident and totaling a company car, damaging expensive inventory with a forklift, etc.).

Of the 3 examples I provided above, the first 2 are by far the most common.  A good lawyer can make it very difficult for the company to prove such allegations via use of the rules of evidence (relevancy, hearsay, etc.).  That is why hiring an attorney for your Unemployment Hearing is a real good idea.

How Do I Defend Myself in a Willful Misconduct Unemployment Hearing in Pennsylvania?  What Happens at an Unemployment Hearing in Pittsburgh, Harrisburg, Erie or Altoona?

John's video gives a simple overview of what happens at a Pennsylvania unemployment hearing:


What often confuses many people attending unemployment hearings for the first time, and frequently causes them to lose the hearing, is that the employer in a willful misconduct hearing has to prove you did wrong before you have to "defend" yourself at all.  That is their burden of proof.

Many folks get so caught up in what they are going to say that they fail to do many critical things (the most critical things) when the employer is presenting its case. They let hearsay evidence in, and do an ineffective job of cross-examining employer witnesses.  Although they do not know it, the case is over before they even start to tell their side of the story, because the employer was permitted to submit overwhelming evidence - evidence that would have never come in had an attorney been representing the employee.

This is why hiring an attorney to represent you at your unemployment hearing is so critical.  We stop improper evidence from being admitted on the record, and know how to cross-examine witnesses.

Philadelphia Employment Lawyer With Referral Relationships Throughout Pennsylvania


John A. Gallagher - Paoli, PA
John A. Gallagher is an employment lawyer who represents employees in Southeastern Pennsylvania.  He often refers people to lawyers like him located through Pennsylvania.

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…

Fill out our Contact Form or e-mail John directly if you seek a Referral.

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