That does not, however, stop many employers from trying to beat you on your claim for unemployment under such circumstances.
There are many angles companies try to take in poor performance cases: 1) the employee lied about their qualifications when they applied for the job; obviously, says employer, this crappy employee could not have had all of the experience they claimed to have; 2) the employee just wasn't trying hard enough, and was not committed to the job.
Usually, though, employers recognize that those defenses are useless. So, they resort to the number one tactic employers use to try and win an unemployment case against a perceived poor performer is: THEY LIE ABOUT WHY THE EMPLOYEE WAS FIRED. They essentially fabricate a reason they believe will qualify as willful misconduct and present that to the Referee at the Hearing. By the time their done, the Referee thinks your Charlie Sheen-esq (or Lindsay Lohan, as the case may be), and you lose the case!
Employers do unemployment hearings all of the time, and they take them seriously. Employees almost never do them, and often figure that justice will be served in their favor. Then, they get stomped and call an attorney to help file an appeal from the Referee's decision "where all of the lies will be proved." Too late, an appeal from a Referee's decision is based solely upon the record created at the Hearing. That's it - finito. Charlie Sheen it is.
That's why, in our view, employees should consider speaking with an unemployment lawyer before the Referee's Hearing is over.
HERE
ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:
Should I Hire a Lawyer for
My Unemployment Appeal Hearing in Pennsylvania?
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
The Burden of Proof in a
Pennsylvania Unemployment Appeal Referee Hearing
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?
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?
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, Rose Valley, Upper Darby, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, Souderton, Audubon, Jenkintown, Gilbertsville, Chesterbrook, Thorndale, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Pennsburg, Schwenksville, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, Swarthmore, Sharon Hill, Chadds Ford, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading, Mount Penn, Stowe 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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