The Burden of Proof in a Pennsylvania Unemployment Hearing

In Willful Misconduct Cases

Your former employer must prove that you did something wrong.  This may be a single act or set of circumstances (i.e. you stole money, had a physical altercation with a co-worker, refused a direction from your boss, etc.) or that you violated a work rule after having been warned about prior violations of that rule (i.e. repeated lateness, repeated failure to clock-in/out, etc.).

Who Must Carry the Water?

So, in these cases, it is the employer that must submit competent evidence of your wrongdoing. If they do not meet this burden, you will win.

What is competent evidence?  Testimony by a witness who actually saw your alleged actions.  This often implicates the rules of Hearsay.  Bear in mind though, that if you do not object to Hearsay evidence, it will be admitted into evidence. If such evidence is admitted into evidence, it will be hard for you to win the case, since the witness in question will not be there for you to cross examine! 

Employers often rely upon Hearsay at Hearings.  A qualified lawyer can exclude that evidence, which will leave the employer with no competent evidence of your alleged wrongdoing, That is how I win many of my cases! 

Click Here to check out our Video on Hearsay. 

Will My Record of Outstanding Past Performance Help Me Win My Willful Misconduct case?

No.  The issue is not what you did over the 20 years of your employment in a willful misconduct case.  rather, it is what you did on the date of the incident that led to your termination that matters.  Click Here for further discussion on this issue. 

In Voluntary Quit Cases

The burden is on you to prove that you had a necessitous and compelling reason to quit your job. 

In Independent Contractor Cases

The presumption under the law is that all workers are employees (i.e. paid W-2 wages).  The burden is on the employer to prove otherwise, i.e. that you were an independent contractor (paid 1099 wages).

Why is the Burden of Proof Important?

Well, the party who has the burden of proof must prove their case.  If the party cannot do so, the other party automatically wins the case, and does not need to introduce any evidence.  Thus, the party with the burden of proof always testifies first in a hearing, and the other party only needs to put on evidence if their opponent satisfies their burden.

I win many cases by stopping employers from meeting their burden of proof by eliminating hearsay, excluding documents that are not authenticated, etc.  In those situations my client, who was expecting that he/she would have to prove that they did "a good job" or that they were "innocent of the charges," really says little more than that they did their job to the best of their ability and, Whoolah!, we win.

Easy as pie (fpor a lawyer!).

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…

Click Here to e-mail John directly.

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