In our current economic environment, more people than ever are without work. If you have recently lost your job, you are likely eligible for unemployment benefits. If your initial claim for benefits was denied, however, an experienced employment lawyer can help you prepare a compelling claim for benefits at a hearing or appeal.
Unemployment compensation is insurance which protects you from total income loss if you lose your job through no fault of your own. If you qualify for benefits, you will receive weekly checks and help in locating other employment.
While it is certainly possible to get unemployment in a variety of scenarios it is important to understand that the laws regarding Unemployment do not cater to morals and feelings. Often times, claimants feel that they have been wronged in some way by their employer, subjected to impossible working conditions, discriminated against, or perhaps simply fell victim to an unfortunate life circumstance. Fortunately, the law will award Unemployment Compensation for these, and many other scenarios. Simply expressing feelings about workplace issues may not be enough to win your claim. It is important to acquire professional Unemployment Legal Representation so that your claim is presented in a way which communicates appropriate facts and information pertinent to winning your claim quickly and decisively.
Unemployment benefits are a means of temporary support should you lose your job through no fault of your own. There are a number of requirements that you must meet in order to obtain unemployment compensation, including:
- You lose your job due to no fault of your own
- You filed an application for unemployment
- Your employer was required or elected to pay into the unemployment fund
- You have worked enough to earn sufficient credit weeks
- You have registered to work with the Pennsylvania CareerLink
- You are currently available and capable of working
- You have met the one week waiting period after filing for unemployment
Once you have submitted a claim, your employer will be asked to provide information about the circumstances surrounding your separation from employment. Depending on the information provided by your employer, you may initially be denied benefits. Regardless of whether you are initially denied benefits or are initially granted benefits, you or your employer will have a right to appeal the decision.
It is very important that you know there is only a very short period of time within which to appeal a decision by the unemployment service center. You must make a timely appeal or you may forever waive your right to any unemployment benefits.
Not every termination initiated by the employer gives rise to the right to benefits. Usually a dismissal for lack of work does not bar a person from getting her benefits, but if the dismissal is for cause amounting to willful misconduct, such as failure to follow work rules, or theft, the employer is able to raise the employee’s fault as a defense to defeat the worker’s claim. Repeated warnings to an employee or other disciplinary action, especially those that are well documented, may be used by the employer to deny benefits.
Even though you were terminated, you might not collect if your employer can prove that you committed willful misconduct. Similarly, even though you resigned, you might be able to collect if you can show that you resigned for legally sufficient cause attributable to your employer. Typically, an employee who voluntarily quits a job does not qualify for unemployment benefits; however if the job resignation was the result of an employer’s harassment, discrimination, threats, “resign or be fired” demand, or hazardous working conditions, then the employee may still qualify for unemployment benefits. Similarly, an employee who is discharged for misconduct connected with work does not qualify for unemployment benefits; however, if the conduct was an isolated incident or the result of poor judgment, negligence or carelessness, then the employee may still qualify for unemployment benefits.
Skilled employment law attorneys can help both when your claim is denied and when you file an appeal. Their services often involve:
- Preparing you for your hearing
- Attending your hearing with you and providing aggressive advocacy
- Cross examining witnesses
- Gathering and presenting evidence
When a terminated employee files for unemployment compensation, the unemployment office will notify the employer and ask why the employee left his or her job. A claim can be denied if the employer indicates that the employee resigned or was fired for cause. Denial of an unemployment compensation claim can be appealed at a hearing before an unemployment compensation referee.
Your former employer has the right to contest your claim for unemployment compensation benefits. You have the right to have an attorney assist you in filing your claim, responding to your employer’s accusations, and representing you during any appeal hearing.
