ExpertLaw.com Forums

What are the Chances of Winning a Second Unemployment Appeal

Printable View

  • 12-28-2016, 09:24 AM
    Shaderade
    What are the Chances of Winning a Second Unemployment Appeal
    My question involves labor and employment law for the state of: PA

    I am not asking for judgement on my abilities to be on time. I have come to realize my issues and have been implementing change in my own life since this incident.

    I was employed from May 2016 - October 2016 as a front desk receptionist. On July 20th I received a verbal warning that I was expected to be at my work station by 8am. Before this I was trained to complete certain tasks before sitting at my desk. My work day started at 8am, these task usually had me at my station at 8:05. We had discussed ways that I could answer the phone while away from my desk.

    Aug 2nd, I received a written warning that I couldn't continue to be late for work every day. Coming into work at 8am was considered late.

    On September 22nd I received my written review, which was outstanding in all areas except average on attendance. Which stated I could improve my attendance by reporting to work and being at my work station at 8am. During this review we again discussed how I could answer the phones (which was the most important thing) away from my desk and in the other areas I was expected to work. Unfortunately, I was nieve and didn't write this in to my comments section of my review. I was advised at this time that my attendance and punctuality would be reviewed within the next 30 days for progress and needed immediate approvement. I never received copies of these reviews and warnings.

    I was then fired on Oct 21st for what I was told was a business decision. I had asked my supervisor if it was due to my tardiness because I thought I had greatly improved, to which he agreed and told me no. So I filed for UC. All of the above was presented to us in the appeal hearing.

    The referee allowed a calendar with times marked provided by my boss, who was not always there when I arrived. These times do not have my name next to them nor indicate what the times are written in for. They are all within the 7:50-8:02 range. I do not agree with this decision of allowance, seeing as these could have been written for anything and at any time.

    My main argument was thrown out because I wasn't able to provide proof. Silly me thinking they would bring my time cards. I would like to reappeal and subpoena my written time cards from 9/22/16 - 10/21/16, which were signed by my direct supervisor. I know these are in my favor as they all state the same times every week, starting at 8am -430pm. I also have the handbook which states the timecards must be reviewed and signed by the supervisor before handed in.

    I know this might be a long shot but what do you think my chances are to winning this next appeal?
  • 12-28-2016, 10:35 AM
    PayrolGuy
    Re: Appeal Denied, Chances of Winning Second Appeal
    If your hearing was a referee hearing you can file a further appeal. http://www.uc.pa.gov/appeals/Pages/A...of-Review.aspx
  • 12-28-2016, 10:58 AM
    chyvan
    Re: Appeal Denied, Chances of Winning Second Appeal
    Quote:

    Quoting Shaderade
    View Post
    I would like to reappeal and subpoena my written time cards from 9/22/16 - 10/21/16,

    Not allowed. A 2nd level appeal doesn't accept new evidence with few exceptions, and your situation isn't one of them. If you could have had the time cards at the original hearing and didn't bring them, then you can't do it now.

    Type in your initial determination and then this decision's "findings of fact" and "reasoning and conclusions of law." There might be something in them that you can work with, and even still, I helped someone write a board of review appeal that while it didn't work because of what was written, turns out the recording of the hearing was sufficiently garbled that the claimant got a new hearing and a second chance to bring that extra evidence to the hearing.

    The odds are not in your favor at a board of review, but sometimes it's worth the effort to try anyway.
All times are GMT -7. The time now is 09:24 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved