Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Hearing?

Should I Introduce My Performance Appraisals at My PA Unemployment Hearing?

If your Hearing relates to Willful Misconduct, it typically will revolve around one of three issues: 
1) a single event or circumstance that (allegedly) led to your termination; 2) a violation of a work rule after having received a warning about prior violation(s) of that rule; or, 3) your were fired for poor performance.

Let's discuss the first scenario first; in doing so I will use a simple example that will prove my point.

Presidential Decree for You!

All Hail Your Service Record

 

 

Assume that on January 1, you are selected as the "Best Employee in America" by the President of the United States.  The Pope seconds your selection, as does the United Nations.  Your accomplishment is publicized on the front of the N.Y. Times and the Wall Street Journal.

On February 1, you are caught on videotape at work stealing $10,000 in cash from the company.  You are fired, and a Hearing ensues.

This is Willful Misconduct!

Do you believe that your outstanding record of past performance will help you win that case?  Of course not, you were fired for stealing money, that is clearly willful misconduct, and your past record has absolutely no bearing on the Referee's thinking or decision-making process.

In essence, that example holds true for the second issue as well.  If you were warned about being late on 4 prior occasions, and then were an hour late the next day, your otherwise stellar record will have zero bearing on whether you engaged in willful misconduct by repeatedly violating a reasonable work rule after warning.

Will My Performance Evaluations Help Me at My PA Unemployment Hearing?

Now, the third situation, that involving alleged poor performance, is a whole different kettle of fish. Logically, one would believe that your record of past performance would be relevant in a Hearing centered upon your alleged poor performance.

However, you do not need to worry about proving that you were, in fact, a good performer during your employment in such a case, because poor performance is not willful misconduct under Pennsylvania Unemployment Law.  In other words, if the employer states that you were fired for poor performance, you will not be disqualified from receiving unemployment benefits because, under Pennsylvania law, poor performance is not conduct that disqualify your right to receive such benefits. 

So, if you are involved in a poor performance Unemployment Hearing in Pennsylvania, do not worry about proving you were a good performer; rather, simply say that you worked to the best of your ability and you should be just fine.

Click Here for our discussion on the Burden of Proof at Unemployment Hearings.  This is very important to understand.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

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