WILL THE REFEREE ANNOUNCE OR TELL ME ON THE DAY OF MY PENNSYLVANIA UNEMPLOYMENT APPEAL HEARING WHO WON?
Never.
The Referee's Decision is always sent in writing anywhere from 7-21 days after the Hearing is over.
WHAT DOES MY PENNSYLVANIA
UNEMPLOYMENT REFEREE DECISION MEAN?
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| Touchdown...or Turnover? |
Many folks wonder how to decipher a document known as a Referee Decision\Order. Below we to provide some annotated pictures of a typical Referee
Decision, followed by a summary of each page portion of the Decision.
Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?
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| Standard First Page of Referee Decision |
At the very top of page 1 of
the Decision there will be a section that describes what happened prior to the
Referee Hearing. In other words, it summarizes what the initial decision was by
the Pennsylvania Unemployment Service Center the date an appeal was filed, and
by whom, along with the date of the Hearing.
Since all appeals from a
Notice of Determination must be filed within 15 days of the date the
Determination was issued, it is important to compare those dates.
If the Service Center
initially ruled the claimant eligible for benefits, then the appeal was filed
by the employer. If, on the other hand, the Service Center found the claimant
ineligible, then it would be the claimant that filed the appeal.
Otherwise, the Notice of
Determination is of little consequence, since a Referee pays no mind to same in
the course of deciding the matter.
After that, there will be the
Findings of Fact. These really are the
heart and soul of the Decision. The
Findings of Fact are crucial, because they summarize all evidence that the Referee
considered and judged in reaching his\her Decision. If you believe that
important evidence was not considered by the Referee, or that evidence that
should not have been considered was relied upon, this is where you can find
that information.
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| Findings of Fact and Reasoning Basis for any Appeal |
After that, you will find the
issue(s) decided, and the Referee’s Reasoning.
Reasoning section always begins with a recital of the law in question
under the Pennsylvania Unemployment Compensation Act. Thereafter, the Referee’s “holding” (i.e. basis
for his/her Decision). It is the paragraph that constitute the “holding” that
provide the ultimate rationale of the Referee – and is the first place I look
when deciding if an appeal is appropriate.
At the very end of the
decision, the Order of the Referee is announced. This is where to look to see
whether you one or you lost. The Order will first state whether the Referee agrees
(affirms) or disagrees (reverses) with the initial decision made by the Service
Center (i.e. the Notice of Determination). The next sentence will announce
whether you won or lost the Referee Hearing.
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| Final Page Announces Referee Decision Under "Order" Section |
Virtually all referee decisions will
state that the that either party has 15-days to appeal from the Decision. To be
certain of your deadline, look in the upper right-hand corner of the first page.
Click Here
to read about how to appeal a Referee Decision to the Unemployment Compensation Board of Review.
Philadelphia Area Willful Misconduct Unemployment Attorney Who
Represents Claimants
May be Best to Hire Counsel BEFORE the Referee Hearing!
Call Today to Discuss Your Claim
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