There is a presumption that all employees who were terminated from their jobs are entitled to unemployment benefits.
The burden is on the employer to prove that the claimant engaged in "willful misconduct." Unless the employer can provide such proof, the claimant should be awarded benefits.
The Service Center, a division of Pennsylvania's department of Labor, is charged with the responsibility of making an initial determination as to whether a claimant is entitled to benefits. In fulfilling this responsibility, the Service Center starts by notifying the employer of the claim, and asking it to supply information that would warrant denial of the claim.
But, suppose the employer provides no information to the Service Center? In that case, the employer has failed to meet its burden, and benefits should be granted every time.
Some people that work in the Service Center, however, appear determined to deny claims even when the employer fails to submit any information to support such a denial. I believe a woman named Valerie is one of those Service Center representatives.
|Interview? or Interrogation...|
Click Here to read why I believe that refusing the Service Center's request for an interview is often the wisest choice.
The Employer Must Provider Information to Pennsylvania to Prove the Employee Engaged in Willful Misconduct, but Sometimes the Claimant Shoots Themselves in the Foot by Accident
Based upon a number of reports I have received from clients, none of which I can directly confirm, it appears that a Service Center Representative named Valerie is out to find a way to deny claims for unemployment benefits.
Valerie has even denied claims when the company itself is not fighting the claim. She does this via surprise phone interviews, and loaded, leading and accusatory questions that a confused claimant often answers in such a way to give Valerie the ammunition she believes justifies denying the claim.
|Be Wary of Valerie, and Those of Her Ilk|
Then, the claimant must appeal the denial of benefits, and go to a Referee Hearing.
Be wary of Valerie!
|Helping Pennsylvania's Workforce 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.
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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…
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