Wednesday, October 6, 2010

Why Hire An Attorney for My Pennsylvania Unemployment Hearing?

There is a Lot of Money at Stake - Your Former Employer Wants to Win and Knows How Because They Have Done Many Before Hire Experienced Counsel to Tip the Scales in Your Favor

Employment Attorneys Handling Unemployment Hearings Every Week in King of Prussia, Springfield, Reading and Philadelphia


6 Good Reasons to Have an Unemployment Lawyer at Your Pennsylvania Unemployment Hearing

1.  Your ex-employer has been to many hearings and knows how they work; you don't.  They know 
how to introduce evidence that appears insurmountable, but is in fact unsubstantiated, paper-thin and not able to withstand thorough cross-examination;

Hearsay at Pennsylvania Unemployment Appeal Hearings

Allowing the Employer to Introduce Hearsay 
Often the Death Knell for Employees

2.  You don't know the rules of evidence.  Unemployment hearings often come down to what information the parties can get into evidence.  Since many employers' cases are dependent upon what a person who is not at the hearing allegedly said, heard or wrote (i.e. hearsay), if you can keep that evidence out, you can win the case.  However, keeping this out often involves the rules of Hearsay, which can be rather complicated to the average Joe or Jane.  Add the fact that one must object to hearsay IMMEDIATELY or else any objection is waived and, well, it can be tricky;

Best Strategies at Pennsylvania Unemployment Appeal Hearings

3.  Unemployment compensation hearings are short and to the point.  You must have a defined strategy, and must eliminate irrelevant facts and arguments.  In telling your "whole story," you will likely step on many land mines that will undermine and perhaps lose your claim.  Emotion is not your friend. Proof of how unfairly you were treated over the years is irrelevant and counterproductive. You need a defined strategy that focuses solely on responding to your employer's proffered reasons for terminating you, or explaining why you had to quit, in order to win an unemployment hearing;

They Know the Law Intimately, Apply it Dispassionately 
and Have Conducted Hundreds (if not Thousands) of Hearings 

4.  If you do not know the law that controls your situation, you are just shooting in the dark.  Unemployment hearings are not about fairness; they are about whether the law permits you to receive benefits.  Referees tend to be conservative; they will not rule in your favor no matter how "sorry" they feel for you unless the law is in your favor based upon the facts presented at the hearing;

Digitally Recorded to Make a "Record" You Can Use in the Future!

Testimony and Evidence from an Unemployment Hearing Can be Useful in a Discrimination Lawsuit

5.  Pennsylvania unemployment hearings are recorded and a transcript from the hearing can be obtained.  Thus, if you think you have been treated illegally (violation of statutes such as Title VII, FMLA, ADA, FLSA or a Pennsylvania wrongful termination claim), you want to "kill two birds with one stone" by using the unemployment hearing process to develop helpful facts before the employer has been "prepared" by the attorney they will hire to defend your subsequent lawsuit.  In a lawsuit, the employer is prepared by counsel to "testify truthfully" (or "artfully," as we have observed! ) about why your employment ended - shockingly, this testimony is often to your great disfavor! However, most employers do not bring their lawyers to unemployment hearings (believing they will simply trample you underfoot in the usual way), and are therefore thoroughly unprepared for cross-examination by an employment law litigator. Unemployment hearings can therefore be a real gold mine, a treasure trove of unvarnished testimony, for employment litigators!

There are NO DO OVERS!

6.  You only get one bite at the apple.  Whatever evidence is submitted at the hearing, whatever testimony is offered, will be the only evidence and testimony considered on appeal from the hearing.  An appeal from an unemployment referee's decision is a "paper appeal,"  wherein the Board of Review considers only the evidence (and all of the evidence no matter how inadmissible), introduced at the referee hearing.  Thus, the record created at the hearing is binding, and thus crucial.

7. The Referees decide the case.  These Referees are all fair-minded (or at least believe themselves to be!), but they all have different approaches.  Some like to ask leading questions of you if you do not have an attorney present; most will let in any evidence the employer presents if you do not object, no matter how irrelevant or inadmissible under the law (most of the Referees will not exclude hearsay unless you object).  Knowing the referees' tendencies can be crucial to winning a case.

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

How Do I Appeal Unemployment in Pennsylvania? I Was Denied Unemployment Benefits and Need to Appeal of Have Appeal Hearing

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

BECAUSE I HATE YOU: The Reasons Why Many Employers Fight Unemployment Claims in Pennsylvania - and What You Can Do About It

Philadelphia Area Lawyer's Quick Answers to the Most Common Pennsylvania Unemployment Questions

Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?

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

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Seven Things to Know About The Pennsylvania Unemployment Compensation Board of Review

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Appeal Hearing -  Experienced Unemployment Lawyers Explains Why They Are Generally Irrelevant

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Pennsylvania's Unemployment Compensation Board of Review - Philadelphia Lawyers Who File Appeals With Unemployment Board of Review

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job?  

Overpayments Under Pennsylvania Unemployment Law - Fraud, Non-Fraud, At Fault, Non-At Fault- Can I Go To Jail for an Unemployment Overpayment in Pennsylvania?

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

Can I Get Unemployment In Pennsylvania If I am Working a Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing Unemployment Benefits?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Forced to Resign:  What Are My Rights if I am Forced to Quit From My Job in Pennsylvania?

POOR PERFORMANCE IS NOT WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW

Philadelphia Are Employment Attorneys Representing Employees

610-647-5027


We are 
employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Trooper, Quakertown, Pottsgrove, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Stowe, Bryn Mawr, Wayne, Newtown Square, Exton, Dresher, Aston, Brookhaven, Center City Philadelphia, West Chester, Lima, Oxford, Kennett Square, Skippack, Langhorne, Haverford, Newtown Square, Broomall, Drexel Hill, Reading, Eagle or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.


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