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Simply stated, in order to o win a willful misconduct case, your former employer must prove that you did something wrong that could have been avoided.
This may be a single act or set of circumstances (i.e. you stole money, had a physical altercation with a co-worker, refused a direction from your boss, etc.) or that you violated a work rule after having been warned about prior violations of that rule (i.e. repeated lateness, repeated failure to clock-in/out, etc.).
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| Who Must Carry the Water? |
So, in these cases, it is the employer that must submit competent evidence of your wrongdoing. If they do not meet this burden, you will win.
How Do I Object to Hearsay at a Pennsylvania Unemployment Compensation Hearing?
What is competent evidence? Written statements or in person testimony by a witness who actually saw your alleged actions. This often implicates the rules of Hearsay. Bear in mind though, that if you do not object to Hearsay evidence, it will be admitted into evidence. If such evidence is admitted into evidence, it will be hard for you to win the case, since the witness in question will not be there for you to cross examine!
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| Hearsay is NOT Competent Evidence |
Employers often rely upon Hearsay at Hearings. If you see or hear Hearsay evidence, you must simply say "Object, Hearsay." The Referee will then make a ruling.
Of course, the trouble is spotting Hearsay, and doings so quickly and on the spot. Lawyers are able to do that. lay persons? Not so much! This is critical, because if you do not object to Hearsay immediately, your objection will be deemed "waived," and the evidence may be used against you.
A qualified unemployment lawyer can (or at least should be able to) spot Hearsay instantly, and should be able to exclude that evidence with a timely objection. If that happens, the employer will be challenged to present competent evidence of your alleged wrongdoing. Without evidence, the employer simply cannot win (unless you say something against your interest at the Hearing, which definitely happens!)
Also Knows as Putting Your Foot in Your Mouth!
EXAMPLE:
"Sure, I cussed out my boss, but she deserved it!"
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
Will My Record of Outstanding Past Performance Help Me Win My Willful Misconduct case?
No. The issue is not what you did over the 20 years of your employment in a willful misconduct case. Rather, it is what you did on the date of the incident that led to your termination that matters.
No. The issue is not what you did over the 20 years of your employment in a willful misconduct case. Rather, it is what you did on the date of the incident that led to your termination that matters.
Imagine: On January 1, Jane is presented with an award as Employee of the Decade. On January 2, Jane is caught stealing $10,000 from the company safe. She is immediately fired.
She will be denied UC benefits because she was fired for stealing money from the company, which is willful misconduct under the law.
Burden of Proof - Pennsylvania Unemployment Hearings - Voluntary Quit Cases
If the issue at your Pennsylvania Unemployment Hearing is whether you had a necessitous and compelling reason to quit your job, the burden is on you to prove that you had a necessitous and compelling reason to quit your job. These are often very difficult cases to win without legal representation; the deck is stacked against you and an intimate understanding of the law on quitting and getting unemployment benefits in Pennsylvania is essential.
Burden of Proof - Pennsylvania Unemployment Hearings - Voluntary Quit Cases
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| Hard to Get Pennsylvania Unemployment When You Resign From Your Job |
WHAT AM I, ANYWAY?
In Independent Contractor Cases
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
Why is the Burden of Proof Important?
Well, the party who has the burden of proof must prove their case. If the party cannot do so, the other party automatically wins the case, and does not need to introduce any evidence. Thus, the party with the burden of proof always testifies first in a hearing, and the other party only needs to put on evidence if their opponent satisfies their burden.
A qualified attorney can win many cases simply by stopping employers from meeting their burden of proof by eliminating hearsay, excluding documents that are not authenticated, etc. In those situations the client, who was expecting that he/she would have to prove that they did "a good job" or that they were "innocent of the charges," really says little more than that they did their job to the best of their ability and, Whoolah!, we win.
Easy as pie (for an experienced lawyer!).
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