What issues may I appeal to the Unemployment Compensation Board of Review (UCBR)?

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We have compiled a list of issues that can appealed to the UCBR: All parties should be aware that in all cases involving the claimant’s separation from employment, Section 402(b) or Section 402(e) may be at issue. They should also be aware that in all cases the claimant’s ability to work and availability for suitable ...

Will you be in non-fault or fault overpayment if you quit, resigned, misrepresented or lied to get unemployment benefits?

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If you receive a Notice of Determination finding an overpayment, you can appeal this determination within 15 days from the date the determination is mailed. Point blank, if you are at this stage it is crucial you appeal promptly and contact an experienced unemployment lawyer. Unemployment fraud is a serious offence that can even result in ...

How to win you unemployment appeal hearing after being discharged for willful misconduct.

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Many people receive their Notice of Determination and it states the reason for discharge as “willful misconduct.”  Willful misconduct means your employer is accusing you of engaging in serious misconduct such as violating an employer’s policy, stealing, violence, or other major and substantial workplace infractions. Under the “willful misconduct” standard, an employee who is a below ...

How to win your unemployment appeal hearing if you voluntarily quit.

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Unemployment voluntary quit cases are generally the hardest cases to win. However, if you voluntarily quit your job, you may still be able to win your unemployment compensation appeal hearing.  People quit their jobs for various reasons and you can still receive unemployment benefits. It is important to understand that at your unemployment compensation appeal hearing, ...

Unemployment Appeals Process

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If you receive your Notice of Determination and are determined ineligible for unemployment benefits, you have the right to appeal that decision.  While the appeal process can be difficult, an unemployment lawyer will take you through the process step-by-step, thus eliminating any difficulties that you may face. It is important to know that an appeal ...

What if you didn’t have a lawyer at your unemployment compensation hearing?

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If you choose not to have an unemployment lawyer with you at your unemployment compensation appeal hearing, you will be at a significant disadvantage.   It is important to understand that the evidence presented at your unemployment appeal hearing will allow the Referee to determine whether you are eligible for unemployment benefits.  This will likely be ...

Could you lose your unemployment appeal hearing?

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There is always a risk that you could lose your unemployment compensation appeal hearing.  The evidence presented at your unemployment appeal hearing is the deciding factor in the Referee’s decision on your eligibility.  All evidence presented at your unemployment appeal hearing creates a risk that the Referee will rule against you and deny your unemployment ...

How to win a PA unemployment appeal

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A Pennsylvania unemployment appeal is never easy to win, especially if you do it by yourself.   When the Unemployment Compensation (UC) department has made an unemployment eligibility determination, both parties (claimant and employer) will be sent a copy of the determination. Both you and your former employer have the right to appeal the unemployment determination.  ...

Why do employers fight unemployment compensation benefits?

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Will your employer contest your unemployment benefits? Here are several reasons employers will fight to see that you do not receive unemployment benefits and that you lose at your unemployment appeal hearing. Unemployment Insurance Premiums While the employer does not have to pay the unemployment benefits directly, successful claims mean that the employer will have ...

What if the effect at the UCBR if you didn’t have an unemployment attorney at your hearing?

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Clients in this situation are often at an insurmountable disadvantage to their former employer. Once the “record” is made during the hearing, the Pennsylvania Unemployment Compensation Board of Review (UCBR) is bound by the legally appropriate evidence. Therefore, the UCBR may be able to consider various “improper evidence” that should have been objected too in ...

How long do you have to appeal a notice that your unemployment benefits were denied?

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The statute of limitations period on unemployment benefits is very strict. There is only an extremely limited set of reasons you would be eligible for an exception. Please call immediately if you believe that is the case. After your online application for benefits, you will receive a Notice of Determination. If you are ineligible or ...

What is the risk of losing your Pennsylvania unemployment compensation appeal hearing?

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Overpayment Risk Management & Lucky Win One very consistent stream of clients that we represent are those that feel they shouldn’t really have been determined eligible, received 1-3 weeks of unemployment benefits, and now have an upcoming unemployment hearing because the employer appealed. Clients then seek our experienced unemployment lawyers so that when they likely ...

Has your employer or notice of determination referred to your termination as “willful misconduct?”

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It is common for employers to categorize very small incidents as major infractions in order to deny you unemployment compensation benefits. Real willful misconduct includes stealing, violence, falsifying time card, coming to work intoxicated, refusal to do work assigned by supervisor, repeated violations of a work rule after warning, or other major infractions at the workplace. Mere poor performance does ...

Has your employer appealed your Pennsylvania unemployment benefits?

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If your employer has appealed your Notice of Determination you will have an unemployment hearing. If your employer went through the time and expense of appealing your eligibility you be virtually certain that they will appear with evidence and often their own unemployment attorney. Consider that the employer is most likely having staff construct a binder ...

What are some common reasons people seek unemployment benefits?

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There are many reasons why people seek unemployment benefits.  Some of the most common reasons people seek unemployment benefits are because: you were laid off due to lack of work. you were fired without good cause. you quit your job with good cause such as unhealthy or dangerous working conditions. you had to leave your ...