Friday, February 20, 2015

What Can I Do If My Employer Failed to Report My Earnings to Pennsylvania's Department of Labor and I Am Being Denied Pennsylvania Unemployment Benefits?

You Must Appeal the Notice of Financial Determination Issued by Pennsylvania's Unemployment Service Center

In Pennsylvania, only employees are entitled to receive Pennsylvania Unemployment Benefits.

That means if you worked for a company as an independent contractor and were let go through no fault of your own, you will be ineligible for unemployment compensation.

How Do I Know if I am an Independent Contractor Instead of an Employee?

The easiest way to know, for sure, is by looking at your paycheck.  If there are no deductions for taxes, social security, etc., that means you are being treated as an independent contractor.

If the Company is not Taking Out Deductions, That Means
You Are Being Treated as an Independent Contractor
So, if you have been treated as an independent contractor, none of your earnings were reported to the state and, hence, no contributions to the Pennsylvania unemployment fund were made by your employer. You will learn this when you receive a Notice of Financial Determination, which usually will be sent to you be the Pennsylvania Service Center within 2 weeks of your application filing date.

Can I Be Eligible for Pennsylvania Unemployment Benefits Even if I was Treated as an Independent Contractor?

Yes, you can.  Companies frequently "misclassify" w-2 employees as independent contractors for a wide variety of reasons, all of which are quite beneficial to employers.

However, if you appeal the Notice of Financial determination, you will be scheduled for a hearing before an Unemployment Referee.  If you can prove at the hearing either that you were a "true employee," or that you were not "self-employed," you will be deemed eligible for benefits.

Philadelphia Area Employment Attorney Representing Employees

Helping Misclassified Workers Since 1991

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.

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