Tuesday, August 29, 2017

Victory or Defeat? Understanding a Referee Appeal Hearing Decision in a Pennsylvania Unemployment Case - How Do I Know If I Won or Lost my Pennsylvania Unemployment Appeal Hearing?

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?  

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? 

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm- And Why You Want to Consider Hiring Legal Counsel


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.

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.  

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
610-647-5027

Questions?  We will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.

Or, send us an e-Mail via our Contact Form.  We will respond promptly.