Showing posts with label lawyer. Show all posts
Showing posts with label lawyer. Show all posts

Why Hire An Attorney for My Pennsylvania Unemployment Hearing?

Employment Attorney Handling Unemployment Hearings Every Week in Malvern, Norristown, Springfield, Reading and Philadelphia

6 Good Reasons to Have an Unemployment Lawyer at Your Pennsylvania Unemployment Hearing

[You may also see my discussion on the things I discuss below on my Video.]

1.  Your ex-employer has been to many hearings and knows how they work; you don't.  They know how to introduce evidence that appears insurmountable, but is in fact unsubstantiated, paper-thin and not able to withstand thorough cross-examination;

2.  You don't know the rules of evidence.  Unemployment hearings often come down to what information the parties can get into evidence.  Since many employers' cases are dependent upon what a person who is not at the hearing allegedly said, heard or wrote, if you can keep that evidence out, you can win the case.  However, keeping this out often involves the rules of Hearsay, which can be rather complicated to the average Joe or Jane;

3.  Unemployment compensation hearings are short and to the point.  You must have a defined strategy, and must eliminate irrelevant facts and arguments.  In telling your "whole story," you will likely step on many land mines that will undermine and perhaps lose your claim.  Emotion is not your friend. Proof of how unfairly you were treated over the years is irrelevant and counterproductive. You need a defined strategy that focuses solely on responding to your employer's proffered reasons for terminating you, or explaining why you had to quit, in order to win an unemployment hearing;

4.  If you do not know the law that controls your situation, you are just shooting in the dark.  Unemployment hearings are not about fairness; they are about whether the law permits you to receive benefits.  Referees tend to be conservative; they will not rule in your favor no matter how "sorry" they feel for you unless the law is in your favor based upon the facts presented at the hearing;

5.  Pennsylvania unemployment hearings are recorded and a transcript from the hearing can be obtained.  Thus, if you think you have been treated illegally (violation of statutes such as Title VII, FMLA, ADA, FLSA or a Pennsylvania wrongful termination claim), you want to "kill two birds with one stone" by using the unemployment hearing process to develop helpful facts before the employer has been "prepared" by the attorney they will hire to defend your subsequent lawsuit.  In a lawsuit, the employer is prepared by counsel to "testify truthfully" (or "artfully," as I have observed! )about why your employment ended - shockingly, this testimony is often to your great disfavor! However, most employers do not bring their lawyers to unemployment hearings (believing they will simply trample you underfoot in the usual way), and are therefore thoroughly unprepared for cross-examination by an employment law litigator. Unemployment hearings can therefore be a real gold mine, a treasure trove of unvarnished testimony, for employment litigators!

6.  You only get one bite at the apple.  Whatever evidence is submitted at the hearing, whatever testimony is offered, will be the only evidence and testimony considered on appeal from the hearing.  An appeal from an unemployment referee's decision is a "paper appeal,"  wherein the Board of Review considers only the evidence (and all of the evidence no matter how inadmissible), introduced at the referee hearing.  Thus, the record created at the hearing is binding, and thus crucial.

7. The Referees decide the case.  Here are some of the Pennsylvania Unemployment Referees in this area:  Referee Green in Malvern; Referee Bunch in Springfield; Referee Gallagher in Norristown; Referee Gunden in Reading; Referee Horowitz in Norristown; Referee Harden in Springfield; Referee Dietrich in Norristown; Referee Rose in Norristown; Referee Deffley in Reading; Referee Ulichney in Malvern; Referee Rothaug in Bristol; Referee Newman in Norristown.  These Referees are all fair-minded (or at least believe themselves to be!), but they all have different approaches.  Some like to ask leading questions of you if you do not have an attorney present; most will let in any evidence the employer presents if you do not object, no matter how irrelevant or inadmissible under the law (most of the Referees will not exclude hearsay unless you object).  Knowing the referees' tendencies can be crucial to winning a case.

Click Here to read our ratings of Philadelphia Area Unemployment Referees.

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your unemployment claim, and discuss potential options going forward at no cost to you.
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Is There Such a Thing as a Public Employment Record?

Philadelphia Area Law Firm Specializing in Employment Law With Offices in Paoli, Exton, Radnor, King of Prussia, Plymouth Meeting and Center City

What Can Potential Employers Learn About My Past Jobs?

Not much.  If they want to find out about your criminal background or your credit, they can have you sign a document that authorizes them to check those records.  If someone wants to buy your car, they can run a Carfax report.  But, there are no such public records available for your employment history. Why?  I am not sure, but I can tell you that there is nothing publicly available about your employment history except what is usually spotty information on credit reports. However, even credit reports only state your employment history; they say nothing about why you are no longer employed with any given company.  So, the best "public" information concerning your employment history, the best "record" of your employment history, is what you put on networking sites such as Facebook or Linked In about yourself....

What Will My Old Employer Say About Me to a Potential Employer? 

Most states, including Pennsylvania, have laws that say that it is unlawful to make a misstatement of fact about why someones employment ended.  They can be sued if they make a misstatement and it costs you a new job. I have always surmised that this is why there is not a "public database" relating to employment history.  In any event, it is due to liability concerns that your former employer will likely provider only the following information when an inquiry about you is made: 1) your dates of employment; 2) your position when your employment ended; 3) how much you were making when your employment ended; and, 4) in some cases, whether you "are eligible for rehire."

This last question is virtually meaningless to a prospective employer.  Many people who are laid off or who resign are not eligible for rehire.

Labor Lawyer Serving Employees in Locations Such as Ambler, Ardmore, Flourtown, Ft. Washington, Harleysville, Berwyn, Coatesville, Downingtown, Wayne, Radnor, Rosemont, Bryn Mawr and Surrounding Areas

We regularly counsel employees on complicated and important employment-related issues.  Few things are more important than our job.  If you have questions about your job, call us today and we will spend some time speaking with you about it at no cost to you.  If we believe we can be helpful, we will discuss options for proceeding further with you or on your behalf. 

Want to learn more?  Call us at 610-647-5027, e-mail me directly or check out our Website.  Thanks for checking in!
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Independent Contractor Rule Under Pennsylvania Unemployment Law

Unemployment Attorney Representing Only Employees With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton, Radnor and Philadelphia

This Blog is based upon my experience in litigating independent contractor cases before many Unemployment Hearing Referees, and also upon knowledge I have accumulated over the years in briefing independent contractor issues to the Unemployment Compensation Board of Review.

NOTE:  If you have received a Questionnaire from the Service Center, you may, after you have read this Post, want to Click Here to jump to our Post on how to complete such a Questionnaire.  Tricky business, indeed.

Can I Get Unemployment If I Am an Independent Contractor in Pennsylvania?

One cannot get unemployment in Pennsylvania if one is an "independent contractor." This may be important in either of the following contexts: 1) you lose your “independent contractor” job and file for unemployment benefits (if you are found to be a true independent contractor you will be denied benefits); or, 2) you are presently getting unemployment benefits and earn money on a “part-time” basis as an “independent contractor” (in which case you will be disqualified from getting benefits due to your “self-employed” status).

NOTE:  The below analysis in general does not apply to people employed by temporary employment agencies on a 1099 basis.  Click Here for analysis of such situations.

I Signed a Contract Saying I am an Independent Contractor - Is That the End of the Story?

Many people who have contracts that say they are "independent contractors " are not independent contractors (labels do not control - if I call a donkey a racehorse, it is still a donkey).  Rather, there is a fact-based test that is applied to determine your employment status.

The mere fact that you have signed an agreement saying you are an independent contractor, or are paid wages via a 1099, does not automatically mean you are an independent contractor (i.e. self-employed). Rather, you will be deemed to be truly self-employed only if you are free from direction and control while performing your work AND if you in fact are regularly engaged in an independently established trade, occupation or business.

Click Here to read our extensive analysis of the distinction between independent contractors and employees, and what you can do if you have been "misclassified."

What Is the Fact-Based Test for Determining if I am an Independent Contractor Under PA Unemployment Law?

Pursuant to Section 4(l)(2)(B) of the unemployment law, you are an independent contractor if:

1. You are free from control or direction over the performance of the services involved.  That means that by and large your work is completely unsupervised.  No one tells you what to do, how to do it, when to do it, etc.  If you do your work from home, that is a strong indicator that you are an independent contractor (but it is not dispositive), and;

2. You are customarily engaged in an independently established trade, occupation, profession or business.    The things to look for?  Do you advertise?  Do you rent office space?  Have you incorporated?  Do you subcontract some of the work you get?  Do you work for more than one employer? 

So, even if you work free from direction and control (i.e. work at home without regular supervision) and are thus a "true" independent contractor, you may still be entitled to unemployment benefits if you do not operate an established business.

Who Decides if I am an Independent Contractor

The above 2 prong legal test is heavily fact-driven, and there are many nuances. The issue is initially decided by the Unemployment Service Center via a Notice of Determination.  If there is an appeal from an NOD, the issue is then decided by a Pennsylvania Unemployment Referee at an Unemployment Hearing. 

Unemployment Lawyer Serving Individuals in Locations Such as Springfield, Malvern, Reading, Norristown, Media, West Chester, Doylestown, Ambler, Phoenixville, Downingtown, Lansdale and Surrounding Areas

If you have an upcoming hearing before an Unemployment Referee in Reading, Springfield, Malvern, Norristown, Bristol or Philadelphia, you will want to seriously consider hiring counsel to assist you. There is a lot at stake, and the evidentiary and legal issues associated with an independent contractor case are often complex, indeed.

MORE QUESTIONS?

Want more information about unemployment law in Pennsylvania?

Click Here to review our answers to the most common FAQs concerning Pennsylvania Unemployment, check out our Website or call us at 610-647-5027.  We also have some YouTube Videos that explain some unemployment law issues as well (just click the YouTube Badge at the top of this page).

Best of luck, John A. Gallagher, Esquire.
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Employment Law Firm Serving Philadelphia Area

eLabor Lawyer Representing Only Employees With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton, Radnor and Philadelphia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Wrongful Termination Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website. 

We assist employees on a wide range of employment law issues, such as discrimination, retaliation, wrongful discharge, overtime and wage claims, unemployment appeals, FMLA leave, ADA reasonable accommodations, long term disability claims, non-competition agreements and negotiating severance packages.  Often, our representation includes analysis of a combination of such issues.

For example, one needs to understand the interplay between ADA, FMLA, long-term disability claims and unemployment claims to be fully congizant of how to proceed when a medical condition affects one's ability to work.  Favorable negotiation of severance packages often entails obtaining leverage via a threatened discrimination, wrongful discharge or retaliation claims.  Unemployment appeals often yield valuable testimony useful in prosecuting a retaliation or discrimination claim.

We understand each and every law governing the employment of individuals in Pennsylvania, so we are well-suited to assist you in executing a strategy to protect your rights, or prosecuting a lawsuit to enforce them.

Discrimination Lawyer Serving Individuals in Locations Such as Gladwyne, Glenside, Gulph Mills, Haverford, Jeffersonville, Harleysville, Conshohocken, Schwenksville, Skippack, Souderton, Abington, Ambler, Plymouth Whitemarsh and Bryn Athyn

If you believe your employer has fired you illegally, call us today and we will discuss your matter at no cost to you. We will discuss your potential for receiving unemployment benefits, as well as your claim for unlawful separation from your job.  We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.
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Job Related Stress in Pennsylvania - What To Do?

Employment Attorney Representing Only Employees in Communities Such as Rosemont, Bryn Mawr, Haverford, Telford, Frazer, Malvern, Exton, Phoenixville, Oaks, Limerick  Avondale, Chestnut Hill and Surrounding Areas

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Labor Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

You may have heard about Steve Slater, the JetBlue Floight Attendant who suddenly quit his job in a furor, grabbed two beers and exiting the plane via the emrgency chute.  Don't we all want to do that from time to time?!!! 

However, you cannot get unemployment if you quit a job because a boss or co-worker is simply being rude or verbally abusive (unless it is really extreme and you first complain to managemnet and give the company a chance to sort things out, and even then it is risky). 

So, if you quit like Steve Slater, you leave only with your "princiople" and your "dignity."  But, you can't eat principle and dignity, and it won't pay the bills.  Then, left with nothing but principle and dignity, and no unemployment benefits to boot, you are in deep trouble.

That leads some people, like Steve Slater, to beg for their jobs back after they let their "principles" and "dignity" run amuck.  Not surprisingly, JetBlue is not interested in rehiring him and, despite his celebrity status, no airlines are lining up to do so either!!  And the woman who Facebooked Steve and told him "I've got your back!"?  Despite her initial support, she has not found him a job, paid his mortgage, grocery bill, car payment, etc. 

TAKE MEDICAL LEAVE FOR STRESS BEFORE QUITING A JOB

Give yourself a chance, take FMLA leave for a few weeks or so before quitting your job [To determine if you are qualified for FMLA leave, enter "FMLA" in the Search Bar on this Blog and apply the rules to your situation].  It is unpaid, but you are guaranteed your job back when you return, and you can use your vacation time to keep the money coming in.  With a good doctor, you can even get Short-Term Disability benefits to keep you afloat while recharging your batteries.

SPEAK WITH AN EMPLOYMENT LAWYER BEFORE YOU QUIT YOUR JOB DUE TO STRESS

Nearly all of us all have job related stress, rude bosses and co-workers, too much work and too little time, unrealistic expectations, personality conflicts, favoritism....

However, the courts consider such interactions and realities normal, and one cannot bring a lawsuit for a hostile work environment just because we are treated rudely or unfairly. The only exceptions to that rule, or I should say the most common exceptions, are where an employee can prove that he/she is being treated poorly or differently because of his/her age, sex, race, national origin, religion, disability, or in retaliation for seeking rights under state and federal laws governing things such as family leave, overtime or workers compensation benefits.

Employment Law Firm Helping Residents of Delaware County, Montgomery County and Chester County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than doing what Steve Slater did. In fact, there are effective legal strategies you can employee to require your employer to address your legitimate work-related, stress-inducing issues. If you employ such strategies, and things still do not improve, than you may be able to quit your job and get unemployment benefits. We routinely help people who are under significant job-related stress. Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.
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Don't Take This Job and Shove It

Philadelphia Area Employment Law Firm Representing Employees in Communities Such as Malvern, King of Prussia, Chestnut Hill, Doylestown, Downingtown, Phoenixville, Oaks, Ambler, Abington, Flourtown, Reading and Surrounding Areas

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Labor Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

WHY FLIGHT ATTENDANT STEVE SLATER MADE A MISTAKE QUITTING HIS JOB

By now, many of you have heard about the flight attendant who, feeling pushed to the limit with his job responsibilities, and having been frustrated by a passenger, grabbed two beers, went onto the plane's intercom, went on a profanity laced tirade, quit his job and jumped down the emergency chute to the world of unemployment.

I am sure that, by the time he finished his two beers, he had at least fleeting thoughts of regret.  If not, he will soon enough.  Yes, he became famous on YouTube.  Yes, he had supporters who said "you did what we all feel like doing" and "you made my day" and, my personl favorite, a woman who proclaimed,  "I've got your back."  (Great, said Mr. Slater, I'll send my mortgage bill and car payment to you without delay!)

Well, such support is wonderful, as is 15 minutes of fame, but the World keeps turning and right around the time we forget about Steve Slater, the crushing effect of his actions will start to hit him (assuming that he actually needs income, of course).

First of all, if you quit your job out of frustration in Pennsylvania (and in probably any state), you will not get unemployment benefits.  So, the principle that caused Steve Slater to quit his job had better be acceptable principal at the grocery store, the utility company and his mortgage lender, or else he could be in deep financial trouble soon (I don't see other airlines lining up to hire him). 

As I tell my clients, have the family over for Thanksgiving and feed them principle for dinner and see how that goes over.  Wrap up a box of principle and put it under the tree on Christmas morning and watch your daughter's eyes light up with...surprise. Send your son's college a check for unlimited principle and see how long he stays enrolled.  Ahh, martyrdom....

Take This Job and Shove It - A Big Hit, But a Bad Idea

Johnny Paycheck wrote that song back in the 70's, and many of us could identify with it then, and can identify with it now.  Employees are being laid off at record-rates, and the "lucky" survivors usually have to do more work at the same (or less) rate of pay.  But, as one Slater sympathizer suggested, most all of us feel extremely upset and frustrated about work from time to time.  We did in the 70's, and we do in the 10's.  That will never change.

But, one thing I can assure you.  That woman who said that she had Steve Slater's back - I guarantee you she isn't paying his gas bill this month!

Labor Law Firm Helping Residents of Montgomery County, Chester County and Delaware County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than what Steve Slater did.  In fact, there are ways to make the Company improve your work situation and, if they still refuse, than you may be able to quit your job and get unemployment benefits.  We routinely help people who are under significant job-related stress.  Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.
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Philadelphia Area Attorney Employment Lawyer Explains Overtime Rights in Pennsylvania

Philadelphia Area Law Firm Specializing in Overtime Cases Representing Employees in Communities Such as Broonall, Newtown Square, Lawrence Park, Radnor, Villanova, Springfield, Edgemont, West Goshen, Devon, Berwyn, Wayne, Bryn Mawr, Ardmore, Narberth, Roxborough, Bala Cynwyd and King of Prussia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/ 

For a comprehensive view of overtime and FLSA standards and laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Chester County, Montgomery County, Delaware County and Philadelphia Working on a Contingent Fee Basis

What is overtime?  Overtime is payment of 1.5 times your normal hourly rate for each hour you work over 40 on a given week (you do not get overtime merely because you work 12 hours in a given day; you must work more than 40 in a given week). Employers who are caught failing to pay overtime to their employees must pay their employees twice the amount of overtime they earned but were not paid! 

I am Paid a Salary, So I Guess that Automatically Means I Am Not Entitled to Overtime, Right?  That is categorically untrue!  In fact, this (paying non-exempt employees a salary) is one of the most common tactics utilized by employers to avoid paid non-exempt employees overtime wages to which they are entitled.  Click Here for more information on this issue. 

How do I Figure my Hourly Rate if I am Paid a Salary?  You simply take your gross weekly pay rate and divide by 40.

Suppose I am Paid "Straight Time" for any Hours I work in Excess of 40 in a Week?  If you are entitled to overtime, that is a violation of state and federal law.  You must be paid 1.5 times your hourly rate.

Can They Fire Me in Retaliation if I Demand Overtime?  They can, but if they do so, they would be violating state and federal law.  Under Federal law (the Fair Labor Standards Act), if they fire you because you have demanded overtime, thereby causing you to lose wages, then the employer must pay you twice the amount of your lost wages if you win your lawsuit!. 

Labor Law Firm in Philadelphia Area Handling Overtime Claims for Residents of Montgomery County, Chester County and Delaware County, Pennsylvania

Please use the Search Box in the upper right hand of this Blog for additional Blogs concerning overtime, and check out our Video discussing overtime as well.  We handle overtime claims on a contingent fee basis; that we do not get paid for prosecuting your overtime claim unless we win, so please do not hesitate to call for a free telephone consultation if you believe you may have a claim.
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Can I Do Consulting Work and Collect Unemployment in Pennsylvania?

Philadelphia Unemployment Lawyer With Offices in Chester County, Montgomery County and  Delaware County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania.
The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor under Pennsylvania Unemployment Law?

You can also use the Search Bar on this Blog to read about the above issues.

The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities Paoli, Exton East Goshen, West Goshen, West Chester, Collegeville, Phoenixville, Newtown Square, Broomall, Media, Springfield and Aston.  If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.
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