Zachary Zawarski, Esquire, is a Pennsylvania Unemployment Compensation attorney located in Bethlehem, Pennsylvania. As a UC attorney, Zachary Zawarski has represented employees during their initial referee hearing, as well as clients wishing to appeal unemployment compensation denials to the UC Board of Review and Pennsylvania Commonwealth Court.
PA Unemployment Compensation Process
After an employee applies for unemployment benefits in Pennsylvania, the UC Service Center will issue a Notice of Determination stating whether or not an employee is eligible for UC benefits. If benefits are denied, the employee can appeal for a referee hearing. If benefits are granted, an employer may also appeal a decision seeking a denial of benefits. An appeal must be filed within 15 days of the date the decision was mailed. A referee hearing typically occurs within 8 weeks of an appeal.
The referee hearing is the parties’ opportunity to develop the record regarding whether the employee is eligible for UC benefits. After the referee hearing, the referee will issue a written decision, typically within 7-10 days, stating whether the employee is eligible for UC benefits. Either party can appeal the decision by filing an appeal to the Board of Review within 15 days.
Appeals to the Board of Review
The Board of Review will review the record and determine if the referee’s decision was legally correct and factually supported by the evidence. After the appeal is received by the Board of Review, a party may file a brief if they request permission from the Board, which can significantly help a party’s chance of a successful appeal.
A brief will establish a factual summary of the case, a statement of issues to be decided, a summary of the argument, a full argument, and conclusion. The brief should also contain a table of contents and table of authorities.
It’s important to have an attorney prepare an appeal and brief to the Board of Review for a number of reasons. An attorney will be able to present legal arguments supporting your case based on precedent provided by the Supreme Court of Pennsylvania and other higher courts. A brief should also be put in a professional format properly citing prior case law to support your arguments.
Filing a Brief With the Board of Review
If you are a Pennsylvania employee who was denied unemployment benefits at your referee hearing and would like to appeal to the Board of Review, please feel free to call me for a consultation at (484) 362-9286.
I’ll be able to determine whether you have a case to present to the Board of Review and I can file a brief on your behalf to help establish your argument as to why you are entitled to unemployment compensation. Please be advised that there are only 15 days from the date of the referee’s decision to file an appeal with the Board of Review.