What to Do if Your Employer Appeals Your Unemployment Benefits
My question involves labor and employment law for the state of: PA
I was terminated from my job on July 1, and I then filed for unemployment compensation and was approved for it. My notice of determination from the Department of Labor stated that there was insufficient information to show whether the Claimant was warned about the rule violation, and the determination was that i was eligible for benefits under Section 402(e).
Today i received in the mail a copy of the petition to appeal that my ex-employer filed(on the last day that they could), wtih a hearing date. The hearing date letter states that the specific issue to be discussed is 501(e), Whether the appellant filed a timely and valid appeal from the initial determination.
What does all this mean, and what can I do?
Re: What to Do if Your Employer Appeals Your Unemployment Benefits
The process for an initial appeal to a referee is summarized here.
Re: What to Do if Your Employer Appeals Your Unemployment Benefits
Quote:
Quoting
Mr. Knowitall
The process for an initial appeal to a referee is summarized
here.
Yes, this is a very good place for you to read. But don't let what's here frighten or confuse you. This is very ordinary. What happened is that you have been approved in the first or "initial" decision to grant benefits. Your employer protested the approval of the claim, and a decision was made looking at what you had told them when you filed and what the employer told them, and the department decided that your employer failed to show that you were warned about the rule violation for which you were terminated.
In other words, they determined that you did not violate the rule, knowing that to do so might very well result in your termination, yet you chose to do it anyway. You had no sufficient warnings, you had no opportunity to change your behavior and keep your job, you didn't know that you would be terminated if you violated whatever rule they say you violated. The employer would have had to show something that indicated you had been warned, you had been subjected to progressive discipline, and that you refused to cooperate, follow the procedure, whatever, deliberately, and more or less brought about your termination by your own actions and choices.
If you had been denied unemployment in the initial decision, you should have done exactly the same thing the employer has done, filed an appeal of this first decision within the 15 days allotted for them to do so. Either of the two parties has the right to do this.Then a hearing is scheduled, at which both you and the employer are given a chance to repeat your testimony, either in person or by telephone. An appeals officer hears the case, and looks at the evidence provided, and makes a second decision.
You will be given the opportunity to speak, they will be given the opportunity to speak, and the appeals referee will conduct the hearing, record everything that is said, may ask pertinent questions, and will then make a decision based on this second hearing. If you are not denied, if the second decision also approves the claim, you will simply keep drawing benefits as you have, keep making your certifications as appropriate. The employer may actually request a third appeal, to the board of review, though no new hearing will be necessary for you to appear in for this appeal.
But keep in mind, you just won, the initial evidence looked good for you, so don't be overly concerned about this hearing. You just once again tell the story as it happened, very clearly concisely and truthfully, stressing that you did not receive warnings, that you did not want to lose the job and that you always did your job to the best of your abilities and tried to do what your employer asked of you. Do not go for the sympathy vote, don't mention your poor sick children at home, do not try to be pitiful, do not bring in unrelated issues such as "Oh yes, and they were always saying sexually harassing comments to me too!" or "My foreman told me if I was late, he was going to dock my pay!" or anything of this nature. Keep the testimony that you make solely related to the issue for which you were terminated, whether or not you had been warned about THIS ISSUE only.
Don't panic. You are supposed to be able to self represent in this type of hearing. Hiring an attorney is not necessary. You do not need to be able to quote law to them or make any kind of brilliant argument. You just answer questions and tell your story as it happened. Neither of the two parties has an advantage, they are assuming that either or both of the two parties, though you'll be under oath, may be lying, this is not a court of law, this is an agency hearing.
One thing I do want to mention. Even if you go out tomorrow and find another great job and no longer need the unemployment benefits, DO NOT skip the hearing. Don't just give up on it and say, Oh well, I'll just let the chips fall! If you are determined to be ineligible for benefits in this hearing, whether you showed up or not, you would be considered overpaid for any unemployment benefits you have already drawn, so you do not want to miss the chance to present your case, even if you are going right on to another job. If you are there, you have a good chance of prevailing, since you've already won the first appeal. If you don't show up, your chances may be less.