How Do I Appeal A Denial of My Unemployment Claim in Pennsylvania?

Free Telephone Consultation by Philadelphia Unemployment Appeal Attorney With Offices in Paoli (Main), Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

The procedure for unemployment in Pennsylvania is understandably quite confusing for the thousands of people who have never been through the process before.  Allow me to explain how it works.

My name is John A. Gallagher, anmd all that I do is help employees with employment related claims and questions. I handle many, many unemployment hearings in Malvern, Norristown, Springfield, Reading, Bristol and Philadelphia.

The process is as follows.  You call in your claim or file it electronically.  The claim is initially decided by the Unemployment Service Center, which will often collect information from you and your former employer before issuing a Notice of Determination that will either grant or deny you benefits.

Questions for a labor lawyer about any employment matter in Pennsylvania? Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to your right. We will respond promptly with an analysis of your situation, and discuss potential options going forward at nio cost to you.  You may also visit our Website or check out our YouTubeVideos on some employment issues (click on the badge to your right).

Either you or your employer may appeal the Notice of Determination.  If you are appealing, remember this:  YOU DON'T NEED TO PROVE THAT YOU HAVE A CASE IN ORDER TO OBTAIN A HEARING BEFORE AN UNEMPLOYMENT REFEREE.  All that you need to do is file an appeal, and you are automatically entitled to a Hearing before a Pennsylvania Unemployment Referee.  In fact, anything that do say in your appeal can "be used against you" at the Hearing; that is why we tell people to simply say "I disagree with the Determination." 

Once an appeal has been filed, the detyermination issued by the Service Center becomes TOTALLY IRRELEVANT.  The case will be decided based solely upon the evidence that is introduced at the Unemployment Compensation Hearing before the Referee.

Philadelphia Area Unemployment Lawyer Serving Downingtown, Phoenixville, lansdale, Fort Washington, Reading, Broomall, Chalfont, Oaks, Radnor and Surrounding Communities

We will speak with you about your unemployment appeal at no cost.  thereafter, we will discuss with you any fee arrangement.  We handle appeal hearings either on a contingent fee (we do not get paid unless we win) or on a reasonable flat fee basis.

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What To Say When Appealing a Denial Of Unemployment in Pennsylvania

Unemployment Lawyer in Philadelphia Area Who Specializes in Unemployment Appeals With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

John A. Gallagher is an experienced unemployment appeal attorney who handles many cases on a contingent fee basis (you pay no fee unless you win) or on a reasonable flat fee basis.  Visit our Website today to learn more about our experience with Unemployment Appeals in Pennsylvania.

How Do I Appeal From a Notice of Determination Denying My Unemployment Claim in PA?

The key thing to remember is that you have an automatic right to a Hearing when you appeal from a Notice of Determination made by the Unemployment Service Center.  After your appeal, you will receive a Notice of Hearing before an Unemployment Referee.  Usually, the Hearing will be held in the county in which you worked.

Hearing Locations:  For Philadelphia, it is 444 N. 3rd Street - immediately to your right when you get off of 95 at the Spring Garden Exit; for Chester County, it is in Malvern on Rte. 30; for Delaware County, it is in Springfield near the intersection of Baltimore Pike and Rte. 320; for Montgomery County, it is on New Hope Street in Norristown.

Again, you do not need to "prove" your right to a Hearing.  And, whatever you say can be used against you at the Hearing.  That is why we tell our clients to simply say "I disagree with the determination."

If you received a Notice of Determination denying you unemployment compensation, you should immediately appeal the denial (you have only 15 days to do so). If you are late, you will not get a Hearing; there are basically no excuses for being late.  We believe faxing or e-mailing your appeal is the best way to go.  The fax and e-mail addresses are found on your Notice of Determination.

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Age Discrimination in Pennsylvania - What Do Lawyers Look For?

Philadelphia Labor Lawyer With Offices in Paoli (Main), King of Prussia, Exton, Radnor, Plymouth Meeting and Center City

Age discrimination is a common occurrence in corporate America.  Proving age discrimination, however, is not easy. 

In general, the things needed to establish a basis for an age discrimination case are as follows:  The employee is over 40 and was fired because of his/her age. 

That sounds simple enough, but a lot of people who are over 40 are terminated for reasons other than discrimination because of age.  So what do employment attorneys look for in selecting age discrimination cases?  Since we often handle age claims on a contingent fee basis (you pay no fee unless you win the case), age discrimination lawyers are very careful in choosing cases to pursue.  Below is an example of the "ideal" age discrimination case.

John A. Gallagher is an Experienced Discrimination Lawyer Who Has Litigated Age Discrimination Cases on a Contingent Fee Basis Since 1991

The employee has worked for the company for more than 10 years.  Within a year of termination, he/she is assigned a new supervisor who is substantially younger than they are; OR, the company comes under new management or ownership.

The employee is (allegedly) fired either because of a layoff or because of a sudden "drop"  in performance that is unsubstantiated.  Sometimes the employee is terminated when he/she "refuses" to retire.  Then, the employee is replaced by someone who is more than 10 years younger. 

Although this is what I refer to as a "clean case," there are many other variables that may come into play.  If you are part of a mass "lay off," and many of those laid off are older than 40, and are subsequently replaced by people under 40, your case has appeal.  If, on the other hand, you are fired because of customer complaints or ongoing issues with management, your case is less than ideal.

Early "voluntary retirement" cases also have potential great appeal.  If you are offered early retirement in lieu of immediate termination, you will not only be eligible for your retirewment benefits, but may also have a right to Pennsylvania Unemployment Compensation.  Click Here to read about how that scenario plays out. 

The Gallagher Law Group Focuses Almost Exclusively on Helping Individuals Who Are Having Problems at Work in Communities Such as Ft. Washington, Lansdale, Exton, Doylestown, Conshohocken, Wayne, Bryn Mawr, Bryn Athyn, Blue Bell, Norristown, Newtown Square, Broomall and Surrounding Communities

I believe the most important thing to remember, and the most difficult thing for employees to understand, is what discrimination is and how it is proved.  Discrimination is an intentional act.  It is proved be showing that the reason for termination was bogus, AND THAT THE EMPLOYER KNEW IT WAS BOGUS.  In essence, you must prove that the employer made up the reason for termination.  It is not enough to prove that the employer's reason for termination was wrong.  That is not enough.  Rather, you must prove that the employer first made the decision to fire you because of your age, and then later came up with a reason to fire you that is in essence designed to hide its true motivation.

These principles appy not only to age discrimination claims, but also to all disrimination or retaliation claims.

NOTE:  Discrimination based upon reliegion or military service may be demonstrated where: 1) you are punished for observing a religious holiday; 2) you are punished because of a military obligation. 

Questions about Retaliation, Hostile Work Environment or Wrongful Discharge Claims?  Click Here.

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Performance Improvement Plans - What Do They Mean?

Philadelphia Area Employment Attorney With Offices in Paoli (Main), King of Prussia, Exton, Radnor, Plymouth Meeting and Center City

Performance Improvement Plans are scary things.  They are designed to create fear and uncertainty.  Often, they mean that an employee has fallen into disfavor.  They are frequently the first step towards "creating a record" to terminate an employee for alleged poor performance.

John A. Gallagher is an Experienced Employment LawyerWho Has Litigated Discrimination, Retaliation and Wrongful Discharge Lawsuits in Chester County, Delaware County, Montgomery County and Philadelphia County

The first thing you should never do is quit your job when confronted with a PIP.  In many cases, that is what the company wants you to do.  Why?  Because you cannot get unemployment if you quit your job under such circumstances.  However, if you carry on, and are fired for alleged "poor performance,"  you can almost always get unemployment benefits.

The Gallagher Law Group Focuses Almost Exclusively on Helping Individuals Who Are Having Problems at Work in Communities Such as Malvern, Paoli, Exton, Downingtown, Blue Bell, Lansdale, Royersford, Pottstown, Doylestown, Phoenixville and Reading

If you are confronted with a PIP, the best thing to do is to consider talking with an attorney so that you can learn employment laws and determine whether the PIP is being offered for a discriminatory reason, or in retaliation for a protected complaint or claim you made in the past.  Some typical complaints that give rise to retaliation are claims for workers compensation benefits, overtime, requests for Family Leave, requests for an accommodation for a disability, complaints of sexual harassment, or claims that you are being treated differently than others because of your age, sex, race, religion, disability, etc.  If you believe the PIP is being offered for such a discriminatory or retailiatory reason, you should strongly consider seeking counsel at once.

If you believe the PIP is unfair or unreasonable (but not discriminatory or retaliatory), you probably need to start by accepting that fact, start looking for another job and doing your best to hang in there and document your efforts to comply with the PIP.

If you want to learn more about any of the concepts discussed herein, use the Search Bar in the upper right hand part of this Blog.  Chances are, I have blogged on the issue before.  If you would like to reach us, please call 610-647-5027 or e-mail me directly.

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