Employment Law Articles

If you did not receive the outcome you had hoped for after your PA UC referee hearing, you have an additional appeal to the UC Board of Review. There are 15 days to file an appeal to the Board of Review after the UC referee has mailed their decision. The Referee’s Decision and Order will include instructions on filing an appeal to the Board of Review. An appeal can be filed simply by writing a letter providing your case information and the reason for your appeal.

It is often helpful to seek an attorney to file an appeal so they can clearly and correctly cite the applicable law that applies to the claim and establish a legal argument on why an employee should receive unemployment benefits based on PA UC Law.

No further hearings are conducted after the referee hearing. In fact, the referee hearing is generally the only opportunity …

Continue Reading »

If you have been denied PA UC benefits, you are probably wondering what you will need to prove to be awarded benefits. There are several reasons a person’s unemployment benefits may be denied. The two most common sections of the PA UC Law are 402(b) and 402(e). Below are a list of reasons, arguments, and defenses to raise if you have been denied UC benefits.

Willful Misconduct – Section 402(e)

402(e) deals with the issue of willful misconduct. The most common situation where willful misconduct is found is in the case of a violation of an employer’s work rule. The employer will seek to deny benefits by showing the existence of the rule, the reasonableness of the rule, awareness of the rule (typically by signing an acknowledgement of receiving an employee handbook or prior warnings), and a violation of that rule.

Common defenses to willful misconduct include lack of awareness …

Continue Reading »

In Pennsylvania, the UC Service Center is responsible for processing unemployment compensation claims. They are the agency that receives applications for unemployment benefits. The UC Service Center assigns cases to their representatives for investigation and determination. The investigation consists of the representative asking the employee the reason for their application and confirming the reason for the Claimant’s application with the employer.

The claims representative is then required to issue a decision on a Claimant’s eligibility based on the information they received from both the employer and the employee. If a party disagrees with the decision made by the UC Service Center, they have the right to appeal the decision within 15 days to request a UC referee hearing.

UC claims representatives often have to decide claims based on incomplete information or conflicting information. Unfortunately, the claims representative often resolves conflicts in favor of the employer. However, by exercising your right …

Continue Reading »

The purpose of this article is to outline how to apply for Pennsylvania unemployment benefits, how the Department of Labor decides an applicant’s eligibility, and what to do if a decision needs to be appealled.

Applying for Unemployment Benefits

You can apply for unemployment benefits by mail, phone, or online. The easiest way to apply for benefits is by Filing an Inital Claim on the Pennsylvania Department of Labor website. You’ll be asked a few questions about your work history and the reason your employment relationship ended. Be sure to answer each question truthfully. You do not want to indicate that you are applying for benefits due to a lack of work if you quit or were terminated for a rule violation.

Department of Labor Investigation

After receiving your initial application, you may be contacted by the UC Service Center for a phone interview or asked to complete a questionnaire …

Continue Reading »

Section 402(h) is the section of the Pennsylvania Unemployment Compensation Law which states that a Claimant is ineligible for unemployment benefits if they are self-employed.

What many people do not realize is that once they become self-employed, they are ineligible to collect unemployment benefits. Most people who have lost their employment and have had trouble regaining employment often try to start their own business.

While this feels like the right thing to do, once you decide to take the leap to start your own business, you can no longer collect unemployment benefits. If you claim benefits while you are self-employed, you may be required to pay back any benefits you received while you were self-employed.

Another area where this body of this law arises is when the Claimant accepts a position with an employer and is classified as an independent contractor and earns wages on a 1099-basis rather than as …

Continue Reading »

If you’ve been terminated in Pennsylvania for receiving poor customer surveys or poor customer reviews, your unemployment benefits may be denied. If you received a denial from the PA UC Service Center, you should absolutely seek an attorney to appeal this determination. Please be advised that there are only 15 days to file an appeal from the date the denial notice was mailed.

Under Pennsylvania’s Unemployment Compensation Law, unemployment benefits can be denied generally under Section 402(e), which provides that “willful misconduct” is a basis for denying someone’s unemployment benefits. A lot of people are confused about the term willful misconduct. Willful misconduct is denied as follows: “an act of wanton or willful disregard of the employer’s interests, a deliberate violation of the employer’s rules, or a disregard of the standards of behavior which the employer has a right to expect of an employee.”

PA’s Unemployment Service Centers are routinely …

Continue Reading »

If you’ve received a letter from a PA UC Service Center informing about an overpayment, you may be wondering what you have to do. Do you have to pay this amount back? What if you don’t pay it back or can’t pay it back? Can they take you to court to collect it? Can they place a lien on your house? What if it was a mistake?

The key to what your rights, duties, and obligations are depend on whether the UC overpayment is considered fault or non-fault. What will usually occur is that you receive a letter from he Service Center stating that you were a recipient of an overpayment and the Service Center will ask that you repay this amount.

This letter will likely state whether or not the payment is considered fault or non-fault. Non-fault overpayments typically occur when you receive benefits initially and the employer wins following …

Continue Reading »

In many circumstances, employees are often asked to resign and sign a Separation Agreement with their employer. Several clients have asked me how this will affect their ability to collect unemployment benefits.

In Pennsylvania, employees who voluntarily quit or are terminated for willful misconduct are not entitled to receive unemployment compensation. However, when a company forces an employee to resign (“resign or you’re fired”), although it seems like a termination, a resignation could be construed by the PA UC office to mean voluntarily quitting and unemployment benefits would be denied. Since you believe that you are being forced out by the company, you will want to protect yourself before signing a Separation Agreement.

When the employer is contacted by the PA UC office to obtain evidence and documentation concerning the termination, the employer would be able to state that the employee resigned, which would lead to the employee being denied …

Continue Reading »

In Pennsylvania, if you began receiving unemployment benefits and the employer appeals, you may be wondering if you have to repay your UC benefits if you lose the appeal.

In PA, if the eligibility determination granting you UC benefits is reversed, you will have to repay the benefits you received only if you were paid benefits through your own fault. If UC payments were made and you are not at fault for that, you do not have to repay your UC benefits, but your the amount you were overpaid will be deducted from future benefits that you may receive.

When completing the questionnaire when applying for unemployment benefits, answer each question truthfully and honestly to the best of your knowledge. One of the few circumstances where the Department of Labor will ask for you to return your unemployment benefits is if the employee knowingly submitted false information in order to …

Continue Reading »

If you were terminated from your employment in Pennsylvania and applied for unemployment benefits, your employer is then contacted by the Unemployment Compensation Board and asked to submit supporting evidence regarding the reason for your termination.

Employers will frequently establish the reasons for the termination and the Board of Review will determine if the employee is eligible for UC benefits. After you apply for benefits, you will receive a Notice of Determination stating whether or not your eligible for unemployment.

If your unemployment benefits are denied in PA, it’s most likely due to Section 402(e) of the Unemployment Compensation Law. Section 402(e) deals with work-related misconduct. What usually occurs is an employee violates an employer’s rule or conduct that an employer expects from their employees. This can range from absenteeism, to insubordination, to not following the employer’s policies or guidelines when performing job duties.

Section 402(e) is the section related to “willful …

Continue Reading »