Why Do Employers Care if an Employee Wins Unemployment Benefits?
Follow the Money!
Important to Claimants, Companies and Employers?
Simply stated, they help keep the lights on while the Claimant can seek a new job opportunity.
For large employers, they have to pay your entire claim out of their own pocket. For smaller employers, they receive a substantial tax surcharge if a Claimant wins benefits.
Your Employer Has Done MANY Hearings
Have You?
Consider Hiring Counsel to Tip the Scales in Your Favor
Pennsylvania Unemployment Appeal Hearings Before A Referee - What Happens, What to Expect and How to Prepare
Since Sally had been fired, the company had to prove that she engaged in willful misconduct in order to win the Hearing.
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| Referee Hearings Are About This Colorful! |
Sally ultimately won (Referees never issue their decisions until at least a week after the Hearing is concluded), but it was by the narrowest of margins! Sally knew, given the number of crucial evidentiary issues that went in her favor, that there was no way that she would have won had she not been represented by counsel at the Hearing.
As a result, Sally received $573 a week in benefits over the following 18 months (she couldn't find a comparable job and, back then, you could get extended benefits). So, her choice to retain counsel resulted in her receiving around $41,000. That's $41,000.
You Do NOT Get a Second Chance to Block Evidence,
Present New Evidence or
Give New Testimony
Pennsylvania's Unemployment Compensation Board of Review Does NOT Permit or Provide a Second Bite at the Apple
One's recourse in the event of a loss before the Unemployment Referee is limited to the Pennsylvania's Board of Review's examination of the evidence and testimony developed during the Referee Hearing (i.e. one does not get a second bite at the hearing apple in order to introduce evidence "I didn't know was going to be important.") That's why hiring counsel for the Appeal hearing is crucial. There are no do overs.
Attorney's Fees - Is it Worth it to Hire a Lawyer to Represent Me for my Pennsylvania Unemployment Compensation Referee Hearing?
Most attorneys charge a very reasonable flat fee, particularly given what is at stake and the efforts required to prepare for and attend a Hearing.
"Prior Testimony" of Employer's Witnesses Given at a Pennsylvania Unemployment Referee Hearing Admissible and May Be Used Against Company That is a Defendant in a Subsequent Discrimination Lawsuit
Sally's Referee Hearing had been recorded, and She and her attorney were able to get a transcribed copy of the proceedings via the issuance of a subpoena after she filed our federal age discrimination lawsuit. This is really key in this setting because:
* In any lawsuit, witness testimony taken under oath prior to a Trial is of substantial importance, because it at once predicts and limits what the witness can say at Trial.
** In an employment discrimination lawsuit involving a claim of unlawful discharge, few things are more important than the employer's stated reason for terminating the employee. It is from there that one attempts to establish that said reason is merely a pretext constructed to hide the employer's true, discriminatory motive.
*** In a willful misconduct Unemployment Hearings before a Referee, the central issues are: 1) What does the company say is the reason that it fired the claimant; and, 2) What evidence exists that supports the employer's stated reason for the termination?
So, in an Unemployment Hearing where the employee's alleged willful misconduct is at issue, the testimony of the employer's witnesses concerning why the employee was fired, and the evidence offered through testimony to support its claim, is extremely significant.
One's recourse in the event of a loss before the Unemployment Referee is limited to the Pennsylvania's Board of Review's examination of the evidence and testimony developed during the Referee Hearing (i.e. one does not get a second bite at the hearing apple in order to introduce evidence "I didn't know was going to be important.") That's why hiring counsel for the Appeal hearing is crucial. There are no do overs.
Attorney's Fees - Is it Worth it to Hire a Lawyer to Represent Me for my Pennsylvania Unemployment Compensation Referee Hearing?
Most attorneys charge a very reasonable flat fee, particularly given what is at stake and the efforts required to prepare for and attend a Hearing.
"Prior Testimony" of Employer's Witnesses Given at a Pennsylvania Unemployment Referee Hearing Admissible and May Be Used Against Company That is a Defendant in a Subsequent Discrimination Lawsuit
Sally's Referee Hearing had been recorded, and She and her attorney were able to get a transcribed copy of the proceedings via the issuance of a subpoena after she filed our federal age discrimination lawsuit. This is really key in this setting because:
* In any lawsuit, witness testimony taken under oath prior to a Trial is of substantial importance, because it at once predicts and limits what the witness can say at Trial.
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| Proof of Pretext Key to Proving Discrimination |
** In an employment discrimination lawsuit involving a claim of unlawful discharge, few things are more important than the employer's stated reason for terminating the employee. It is from there that one attempts to establish that said reason is merely a pretext constructed to hide the employer's true, discriminatory motive.
*** In a willful misconduct Unemployment Hearings before a Referee, the central issues are: 1) What does the company say is the reason that it fired the claimant; and, 2) What evidence exists that supports the employer's stated reason for the termination?
So, in an Unemployment Hearing where the employee's alleged willful misconduct is at issue, the testimony of the employer's witnesses concerning why the employee was fired, and the evidence offered through testimony to support its claim, is extremely significant.
Why
Hire An Attorney for My Pennsylvania Unemployment Hearing?
Here, the employer's main witness in the lawsuit was a manager who had testified at the Unemployment Hearing. However, since the company had done so many Hearings before this one, had no idea Sally intended to sue and did not expect her to have an attorney at the Hearing, it had not hired a lawyer to represent its interests at the hearing. BIG mistake.
Consequently, its witnesses were not prepared to be cross-examined by an attorney who had conducted many examinations in the past.
Testimony that is taken under oath in a legal proceeding is always admissible in any future legal proceeding on related issues. Hence, after Sally filed the age discrimination lawsuit in federal court a few months after the Hearing had concluded, her attorney had a subpoena issued and obtained a transcribed copy of the Hearing. There was the recorded testimony of the relatively unprepared key witnesses for the company; testimony on the most central facts at issue in the lawsuit that could be neither altered nor avoided. There was nothing the company's lawyer could do.
Thus, while Sally's case was relatively weak, the very useful testimony that benefited secured at the Hearing was very beneficial during the settlement negotiation process.
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| "Prior Testimony" Invaluable |
Consequently, its witnesses were not prepared to be cross-examined by an attorney who had conducted many examinations in the past.
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| Pennsylvania Unemployment Hearing Transcript May Be Subpoenaed |
Testimony that is taken under oath in a legal proceeding is always admissible in any future legal proceeding on related issues. Hence, after Sally filed the age discrimination lawsuit in federal court a few months after the Hearing had concluded, her attorney had a subpoena issued and obtained a transcribed copy of the Hearing. There was the recorded testimony of the relatively unprepared key witnesses for the company; testimony on the most central facts at issue in the lawsuit that could be neither altered nor avoided. There was nothing the company's lawyer could do.
Thus, while Sally's case was relatively weak, the very useful testimony that benefited secured at the Hearing was very beneficial during the settlement negotiation process.
Just Because You Have Been Classified as 1099 Employee Does Not Mean
You Truly Were an Independent Contractor Under the law
Lawyers in Philadelphia Area Who Represent Claimants in Unemployment Cases Dealing With Independent Contractor, Self-Employment, Overpayment and Sideline Employment Issues
Let's say you were paid as a 1099 worker, and were laid off from your job. You file an application for unemployment benefits. A week later, you receive a Notice of Financial Determination saying you are ineligible for benefits because you had no reported earnings.
Let's say you were paid as a 1099 worker, and were laid off from your job. You file an application for unemployment benefits. A week later, you receive a Notice of Financial Determination saying you are ineligible for benefits because you had no reported earnings.
What to do?
You appeal that determination within 15 days, and then a Referee hearing will be held to determine if, under the law, you were truly a self-employed independent contractor.
Am
I Really a Self-Employed Independent Contractor? How Do I Know if I
am Self-Employed or Properly Identified as a 1099 Employee??
Pennsylvania's Unemployment Law is Remedial Statute Intended to Assist Individuals Who Lost Their Job "Through No Fault of Their Own"
You see, the Pennsylvania Unemployment Law, is what is deemed a "remedial statute" - that is to say, a law that should be interpreted in a way to assist those for whom is was enacted - claimants seeking unemployment compensation benefits. Remedial statutes are in contrast to "punitive laws" - such as the Pennsylvania Criminal Code, which are enacted in order to protect the public via by deterring and punishing criminal behavior.
What is a Notice of Determination Under Pennsylvania Unemployment Law - and What Should I say in My Appeal?
Pennsylvania's Unemployment Law is Remedial Statute Intended to Assist Individuals Who Lost Their Job "Through No Fault of Their Own"
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| Initial Determination Crucial |
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| Decides Pennsylvania Unemployment Claims |
The initial decision as to whether benefits will be granted set forth in a document called a Notice of Determination which are prepared by people employed by the Pennsylvania Service Center. Consistent with human nature, some of the folks that work at the Service Center tend to rule in favor of employers wherever possible, thus undermining the purpose of the Law. We do not know whether this is a result of personal politics or self-preservation, although the two rationales make excellent bedfellows.
In any event, if you file a timely appeal, you will be scheduled for an Appeal Hearing before a Referee - 100% of the time. You do NOT need to "prove" that you should win to secure a Referee Hearing. They are mandatory. So, do not try and "win the case" on your appeal. You may well end up saying something that can be used against you at the Hearing.
You Cannot Be Late Unless You Are Hit by a Truck (or have some other really good reason)
Either way, you have only 15 days to appeal a Determination that is against you (if you are close to the 15th day, take the Appeal to your local Post Office and get a proof of mailing. As long as you mail it before the 15 days elapses (and you can prove it), your appeal will be deemed timely.
Exceptionally Difficult to Win a Quit Hearing on Your Own
Experienced Philadelphia Attorneys Who Handle Voluntary Quit Unemployment Referee Hearings in Pennsylvania
Quit cases are notoriously difficult to win. rather than explain here, we will direct you to a number of Posts on the issue:
Quit cases are notoriously difficult to win. rather than explain here, we will direct you to a number of Posts on the issue:
Need Lawyer to Help You Complete an Application for Unemployment Benefits, a Self-Employment or Independent Contractor Questionnaire or to Represent You at a Referee Hearing in Chester County, Montgomery County, Delaware County, Berks County, Bucks County or Lancaster County?
We have written on a vast array of Pennsylvania Unemployment appeal matters, spanning from how to complete the Pennsylvania Department of Labor's Online Initial Claims Form to how to Appeal a Referee's Decision to the Board of Review, and including a (rather lengthy) Pennsylvania Unemployment FAQ page covering everything in between!
Need help completing a Claimant Questionnaires? You need to make sure you do not inadvertently make a confession that can be used against you n the future!
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We have written on a vast array of Pennsylvania Unemployment appeal matters, spanning from how to complete the Pennsylvania Department of Labor's Online Initial Claims Form to how to Appeal a Referee's Decision to the Board of Review, and including a (rather lengthy) Pennsylvania Unemployment FAQ page covering everything in between!
Need help completing a Claimant Questionnaires? You need to make sure you do not inadvertently make a confession that can be used against you n the future!
CONFESSIONS:
Avoid Them When in Trouble at Work - Admitting to Wrongdoing at Work Can Cause
Problems in the Future
Need help completing an Independent Contractor Questionnaires? Tricky little devils.
Am I an Employee or an Independent Contractor? Am I Self-Employed Under Pennsylvania Unemployment Law? Misclassification Law
NOTE: Intentionally misclassifying "true employees" as "independent contractors" is becoming more and more commonplace, though, and winning self-employment/independent contractor Unemployment Hearings is often quite feasible.
Addresses, Pictures, Directions, Phone and Fax Numbers and e-Mail Addresses to Pennsylvania Referee Offices Unemployment Referee Hearing Offices in Southeastern Pennsylvania.
As for Referee Hearings, throughout Southeastern Pennsylvania they are held in King of Prussia, Springfield, Reading, Bristol and Philadelphia.
NOTE: Click on any City identified above to jump to contact information, etc. for Referee Office located therein.
That said, the law can be difficult to navigate, and your former employer has probably been at a lot more Hearings than you have. Moreover, Unemployment Appeal Referees are true experts in this area of the law, and there are hundreds of cases that they are aware of and follow in the course of adjudicating claims.
Need help completing an Independent Contractor Questionnaires? Tricky little devils.
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| Feel Misclassified? You Probably Are |
Am I an Employee or an Independent Contractor? Am I Self-Employed Under Pennsylvania Unemployment Law? Misclassification Law
NOTE: Intentionally misclassifying "true employees" as "independent contractors" is becoming more and more commonplace, though, and winning self-employment/independent contractor Unemployment Hearings is often quite feasible.
Addresses, Pictures, Directions, Phone and Fax Numbers and e-Mail Addresses to Pennsylvania Referee Offices Unemployment Referee Hearing Offices in Southeastern Pennsylvania.
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| Overhead View of King of Prussia, Pa Unemployment Referee Hearing Office Located at 100 Ross Road - Careful, Though! |
NOTE: Click on any City identified above to jump to contact information, etc. for Referee Office located therein.
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| Unemployment Benefits Are Supposed to be Available to All Who Are Unemployed "Through No Fault of Their Own" |
That said, the law can be difficult to navigate, and your former employer has probably been at a lot more Hearings than you have. Moreover, Unemployment Appeal Referees are true experts in this area of the law, and there are hundreds of cases that they are aware of and follow in the course of adjudicating claims.
Punching in the Dark Against Formidable Opposition Not a Sound Strategy, Agreed?
Consider retaining counsel that has been to many unemployment appeal hearings, in order to give yourself the best chance of securing truly necessary benefits that you deserve.
Call Today and We Can Discuss Potential Representation at No Charge to You
610-647-5027
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