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Hearing? How Can an Attorney Help Me Win My Unemployment Appeal Hearing in Pennsylvania?
If your Hearing relates to Willful Misconduct, it typically will revolve around one of three issues:
1) a single event or circumstance that (allegedly) led to your termination; 2) a violation of a work rule after having received a warning about prior violation(s) of that rule; or, 3) your were fired for poor performance.
HERE ARE SOME OTHER LINKS
YOU MAY FIND WORTHWHILE:
Should I Hire a
Lawyer for My Unemployment Appeal Hearing in Pennsylvania?
Performance Appraisals rarely Relevant at
Unemployment Appeal Hearings Before a Referee
I Always Received Excellent Performance Reviews, and I Was Never Subject to Any Discipline
Before I Was Fired. How Can They Deny My Claim for Unemployment Benefits? Need an Attorney for Your Pennsylvania Unemployment Hearing Before a Referee in Norristown, Malvern, Springfield, Bristol or Philadelphia?
Let's discuss the initial scenario (single bad act) first; in doing so I will use a simple example that will prove my point.
Let's assume that on January 1, 2014 you are selected as the "Best Employee in America" by the President of the United States. The Pope seconds your selection, as does the United Nations. Your accomplishment is publicized on the front of the N.Y. Times and the Wall Street Journal.
On February 1, 2014, you are caught on videotape at work stealing $10,000 in cash from the company. You are fired, and a Hearing ensues.
Let's discuss the initial scenario (single bad act) first; in doing so I will use a simple example that will prove my point.
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| Presidential Decree for You! |
Let's assume that on January 1, 2014 you are selected as the "Best Employee in America" by the President of the United States. The Pope seconds your selection, as does the United Nations. Your accomplishment is publicized on the front of the N.Y. Times and the Wall Street Journal.
On February 1, 2014, you are caught on videotape at work stealing $10,000 in cash from the company. You are fired, and a Hearing ensues.
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| This is Willful Misconduct! |
Do you believe that your outstanding record of past performance will help you win that case? Of course not, you were fired for stealing money, that is clearly willful misconduct, and your past record has absolutely no bearing on the Referee's thinking or decision-making process.
In essence, that example holds true for the second issue as well. If you were warned about being late on 4 prior occasions, and then were an hour late the next day, your otherwise stellar record will have zero bearing on whether you engaged in willful misconduct by repeatedly violating a reasonable work rule after warning.
Will My Performance Evaluations Help Me at My PA Unemployment Hearing? Can They Deny Me Unemployment if They Fired Me Because I Was Not Doing a Good Job? Lawyers Handling Referee Appeal Hearings for Unemployment Claims in Chester County, Delaware County, Montgomery County, Delaware County and Philadelphia, Pennsylvania
Now, the third situation, that involving alleged poor performance, is a whole different kettle of fish. Logically, one would believe that your record of past performance would be relevant in a Hearing centered upon your alleged poor performance.
However, you do not need to worry about proving that you were, in fact, a good performer during because poor performance is not willful misconduct under Pennsylvania Unemployment Law. In other words, if the employer states that you were fired for poor performance, you will rarely be disqualified from receiving unemployment benefits because, under Pennsylvania law, poor performance is not disqualifying conduct, i.e. is not willful misconduct.
In essence, that example holds true for the second issue as well. If you were warned about being late on 4 prior occasions, and then were an hour late the next day, your otherwise stellar record will have zero bearing on whether you engaged in willful misconduct by repeatedly violating a reasonable work rule after warning.
Will My Performance Evaluations Help Me at My PA Unemployment Hearing? Can They Deny Me Unemployment if They Fired Me Because I Was Not Doing a Good Job? Lawyers Handling Referee Appeal Hearings for Unemployment Claims in Chester County, Delaware County, Montgomery County, Delaware County and Philadelphia, Pennsylvania
Now, the third situation, that involving alleged poor performance, is a whole different kettle of fish. Logically, one would believe that your record of past performance would be relevant in a Hearing centered upon your alleged poor performance.
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| Trying Hard but not Succeeding is NOT Willful Misconduct in Pennsylvania |
However, you do not need to worry about proving that you were, in fact, a good performer during because poor performance is not willful misconduct under Pennsylvania Unemployment Law. In other words, if the employer states that you were fired for poor performance, you will rarely be disqualified from receiving unemployment benefits because, under Pennsylvania law, poor performance is not disqualifying conduct, i.e. is not willful misconduct.
There are some ways employers try and get around this principle.
One, they try and prove that you did not try hard enough to improve. this can be difficult to prove. The approach for you is to testify that you always listened to any guidance, and always took it seriously and always tried your best to improve.
Two, an employer will often "manufacture" a false reason for you termination at your Pennsylvania Unemployment Hearing. In such situations, perhaps the most common pre-textual reason offered is "insubordination."
It is very hard to adjust to such a turn of events at a Hearing; moreover, providing evidence of "insubordination" is relatively easy. It is in cases such as these that having an experienced Pennsylvania Unemployment Compensation Hearing attorney is invaluable.
Unemployment Law Firm Representing Pennsylvania Claimants
Two, an employer will often "manufacture" a false reason for you termination at your Pennsylvania Unemployment Hearing. In such situations, perhaps the most common pre-textual reason offered is "insubordination."
It is very hard to adjust to such a turn of events at a Hearing; moreover, providing evidence of "insubordination" is relatively easy. It is in cases such as these that having an experienced Pennsylvania Unemployment Compensation Hearing attorney is invaluable.
Unemployment Law Firm Representing Pennsylvania Claimants
HERE ARE SOME OTHER LINKS
YOU MAY FIND WORTHWHILE:
Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS
The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing
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