Pennsylvania Notice of Financial Determination - Everyone Gets One From the Unemployment Service Center and it Does Not Mean You Have Been Approved for Benefits

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Does the Notice of Financial Determination Mean That I Have Been Approved for Unemployment 

Compensation Benefits?

You've received a document from the Unemployment Service Center called "Notice of Financial Determination."  This document tells you how much in unemployment benefits you will get.  "Yay," you think, "that means I get unemployment!"

No, it doesn't.  EVERYONE who applies for Pennsylvania Unemployment gets a Notice of Financial Determination, no matter why their employment ended.  However, it does not mean you are entitled to benefits.  Rather, it only tells you what you will get, if you are approved for unemployment benefits.

Always Complicated, and Proving Status at Referee Hearing
Requires Precise Game Plan

Note:  If the Notice of Financial Determination states that your claim has been denied because you do not have enough earnings, then you may have been misclassified as an Independent Contractor or Self-Employed. In such a situation, you need to appeal from the NOFD within 15 days, and at the ensuing Referee Hearing the issue will be whether in fact you were misclassified as an Independent Contractor.

I Received a Notice of Determination Saying My Claim Has Been Denied Because I was Guilty of Willful Misconduct - How Do I Appeal?

Appeal Within 15 Days and Simply Say "I Disagree with the Determination"

It is the Notice of Determination that tells you if you are actually approved for benefits.  That usually arrives 4-6 weeks after the Notice of Financial Determination, and it tells you if you are qualified for unemployment benefits. Click Here for answers to the most commonly asked questions about Pennsylvania Unemployment, which explains how the processing of your application works.

The two most common reasons to deny benefits?  1) You quit without a good reason; and, 2) You were fired because you engaged in "willful misconduct" justifying a denial of benefits.

Most common area of confusion? Whether unemployment benefits can be denied for an employee who was fired for (alleged) poor performance.  Answer:  No (click Link above to learn more).

Understanding the Rules of Evidence and Burdens of Proof
Essential to Winning Before a Referee

If you get a Notice of Determination denying you benefits, you should appeal immediately (you have only 15 days to do so), stating "I disagree with the Determination."  Then you will get a date for a Hearing before a Referee. 

If you get a Notice of Determination granting you benefits, then the employer can appeal, and a
Referee's Hearing will be scheduled.

Usually, the Referee's Hearing will be held within a month of any appeal from a Notice of Determination.  You can have an attorney represent you at the Hearing, and in my view it's a real good idea to consider doing so!

That is so because, in a willful misconduct Hearing, the employer has the burden of proof, and understanding what that means is critical to success.  Moreover, Pennsylvania's rules of evidence, and particularly those relating to Hearsay, are in play at a Referee Hearing, and making proper objections can make or break your chances of winning.

Excluding Hearsay Crucial

Thanks for checking in, hope this was helpful.  I handle hundreds of Hearings a year, and I know how incredibly important unemployment benefits are.

Only One Chance to Get it Right

Since you only have ONE opportunity to introduce evidence, provide testimony and exclude any irrelevant or unreliable evidence (an Appeal the Board of Review is the next step, and it only considers the record established at the Referee Hearing in deciding same), and given that your employer has done many Hearings and likely knows how to win them, considering the retention of counsel is certainly a wise idea.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

Misclassification of Employees as Independent Contractors - What's That Mean? Pennsylvania Contingent Fee Lawyers Explain

Can 1099 Workers Get Overtime? What Can I Do if I Have Been Misidentified as an Independent Contractor (Paid on a 1099) When I Should be Deemed to be an Employee (w-2 Worker?)  Pennsylvania Employment Lawyers Explain

Am I Really a Self-Employed Independent Contractor?  How Do I Know if I am Self-Employed or Properly Identified as a 1099 Employee?? 

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

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?

 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? 

 

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

 

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

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

Philadelphia Are Employment Attorneys Representing Employees

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.

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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.

 

Thanks for checking in with us.