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Appealing an Unemployment Referee Decision to the Pennsylvania Unemployment
Compensation Board of Review
A claimant has three separate
opportunities to appeal a Pennsylvania unemployment decision that is against
his/her interest.
Click Here
to read our previous blog concerning how to appeal from a Notice of Determination and obtain a Referee Hearing.
If a Referee issues a
Decision that finds you ineligible for benefits, you have 15 days of the date
the Decision is mailed to appeal to the Pennsylvania Unemployment Compensation Board of Review. There are no exceptions from the 15-day deadline.
Click Here to learn how to appeal a Decision by the Board of Review to Pennsylvania's Commonwealth Court.
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| "I Appeal, Sir" |
If I Lose a Pennsylvania Unemployment Referee Hearing,
Can I Appeal and Get a New Hearing?
Absolutely not.
Consider the Referee Hearing
a trial. In Pennsylvania, and throughout the United States, when you appeal
from the decision made after a trial, you are not permitted to submit any
additional evidence or testimony in support of the appeal. Hence, in this
instance, you are limited to whatever testimony, objections and evidence
introduced at the Referee Hearing. Perhaps
even more significantly, you also are bound
by the evidence and testimony. That means that if you permitted hearsay testimony or documents to come into evidence, or allow testimony or evidence
that was not relevant but highly prejudicial to your case, you are stuck with
it.
Moreover, if you are going to
appeal from a Referee Decision, you
really should have a copy of the transcript of the testimony taken during the Hearing,
as well as all exhibits that were submitted into evidence.
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| Obtaining a Copy of Referee Hearing Transcript Essential to Appeal |
How do I Obtain a Transcript of the Referee Hearing
When I Appeal to the Board of Review?
In the course of file your
appeal, the preferred practice is to 1) write to the Board of Review and advise
that you are appealing; 2) ask for a copy of the transcript and exhibits from the Hearing; and,
3) request 15 days from the date you received the transcript and exhibits to submit
a Brief in support of your appeal. Of course, having the transcript and the
exhibits is only helpful if you have sufficient legal training. That said, it
is good practice in all cases to obtain same.
Remember that when you submit
your Brief to the Board of Review, you are limited to discussing the testimony
and evidence introduced at the hearing, as well as any legal issues that arise
directly therefrom. Again, this is complex stuff, and you may want to consider
retaining counsel.
A simpler option, although
considerably less effective, is to simply write to the Board of Review, ask it
to review the transcript, evidence and Referee Decision, and ask it to reverse
the Referee. Doing this, however, eliminates your ability to point out weaknesses
in the Decision, and can minimize or eliminate your ability to submit issues on
further appeal to the Commonwealth Court of Pennsylvania.
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| Few Exceptions to 15-Day Deadline |
Things to Remember Appealing and Unemployment Referee
Decision in Pennsylvania
1) You have only 15
days from the date the Referee Decision is issued to appeal. There are no
exceptions.
2) The most
effective way of appealing a Referee Decision is to first obtain a copy of the
transcript and exhibits of the Hearing.
3) In your appeal,
you do NOT get a new hearing, nor do you get an opportunity to introduce new
testimony exhibits, or seek to exclude testimony or exhibits that were
introduced during the Referee Hearing.
This is why it is best to consider hiring an attorney BEFORE your Referee Hearing!
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| You Only Get One Bite at Apple to Make Record for Appeal |
4) In your appeal,
you will be limited to the issues raised for the Referee, and, if you omit any
arguments on your appeal, you will be further limited before the next level of
appellate jurisdiction, Pennsylvania’s Commonwealth Court.
Philadelphia Area Willful Misconduct Lawyer Representing Employees
We are employment lawyers who represents employees in
Pennsylvania.
We typically represents workers 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 unemployment lawyer, and
live in Philadelphia, the Northeast, Newtown Square, Wayne, King of Prussia, West Chester, Downingtown, Lancaster, Reading, Doylestown, Phoenixville, Bryn Mawr, Blue Bell, Devon, Paoli, Berwyn, Strath Haven, Plymouth Meeting, Lower Gwynedd, Exton, Nether Providence, Upper Providence, Springfield, Swarthmore, Lansdale 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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| We Will Spend 5-15 Minutes With You to Discuss Your Situation at No Cost to You |
Need an Experienced Lawyer for an Unemployment Hearing Before a
Referee In King of Prussia, Springfield, Bristol, Reading, Lancaster
or Philadelphia?
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