why do you need lawyer for pa. unemployment

When You Might Need a Lawyer There are some situations when it makes sense to get some help from a lawyer with your unemployment case. Here are some examples: You have legal claims against your employer. If you believe your employer has violated your legal rights, you should consult with a lawyer to find out how strong your claims are.

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Why do I need an unemployment lawyer?

The lawyer can also use the unemployment process to start assessing your employer's likely defenses and strategies. You were fired or quit your job. You will be eligible for benefits only if you are out of work through no fault of your own. If you quit your job voluntarily, without good cause (as your state defines it), you won't be eligible.

What kind of help does a PA unemployment lawyer offer?

This is the most common help that KM&A’s PA unemployment lawyers offer. Our unemployment lawyers specialize in appeal hearings and all levels of unemployment litigation. What are the Top Reasons People Seek Unemployment Benefits? You quit your job with good cause You had to leave your job because of domestic violence

Can I get unemployment in Pennsylvania If I'm unemployed?

In Pennsylvania -- as in every other state -- employees who are temporarily out of work through no fault of their own may qualify for unemployment benefits. The eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state.

Who is the unemployment attorney in the Lehigh Valley PA?

PA Unemployment Compensation Attorney Zachary Zawarski is an employment and labor law attorney located in the Lehigh Valley. One of his areas of practice is helping employees throughout the unemployment compensation process. Filing PA UC Claims

How do you resolve an issue with unemployment in PA?

If you are unable to resolve your issue online and you must contact the UC service center for assistance, please email us at uchelp@pa.gov. For specific questions about your claim, provide your full name (as it appears on your claim, including any suffix used) and the last four digits of your Social Security Number.

Why would I be denied unemployment in PA?

In Pennsylvania, you are not eligible for benefits if you were fired for misconduct. Misconduct includes intentionally violating your employer's rules or engaging in actions that were serious or frequent enough to demonstrate intentional or careless disregard for the employer's interests.

What happens if employer does not respond to unemployment claim in PA?

If the employer does not reply to the Unemployment Compensation office within the time allowed, the Unemployment Compensation office will move forward with a determination and will base the eligibility for unemployment compensation benefits on the information before it, which is typically the information provided by ...

How do I sue my unemployment office in PA?

You can email UCCclaims@pa.gov about the issue you are experiencing or submit a message using the online contact form at http://www.uc.pa.gov/Pages/Contact-Us-Form.aspx. Go to a PA CareerLink office.

How long does it take to get a determination letter from unemployment in PA?

You'll file online or using the Pennsylvania Teleclaims (888-255-4728) and you have all week (Sunday through Friday) to complete it. For your first, biweekly filing and claim, it can take up to four to six weeks to receive the approval determination.

What can disqualify you from unemployment benefits?

Unemployment Benefit DisqualificationsInsufficient earnings or length of employment. ... Self-employed, or a contract or freelance worker. ... Fired for justifiable cause. ... Quit without good cause. ... Providing false information. ... Illness or emergency. ... Abusive or unbearable working conditions. ... A safety concern.More items...•

Can an employer deny unemployment in PA?

While it is the employer's prerogative to discharge an employee, an employee is not ineligible for UC benefits unless the discharge is due to willful misconduct. Pennsylvania's courts have provided guidance in determining an individual's eligibility in specific situations involving a discharge for willful misconduct.

Who is in charge of PA unemployment?

The Department of Labor & IndustryThe Department of Labor & Industry administers a number of programs for workers in Pennsylvania, including unemployment benefits, workers' compensation benefits, and vocational rehabilitation for individual with disabilities.

How long does a PA unemployment appeal take?

Depending upon the type of case, the facts involved, and the research required, Referee decisions are usually issued within 30 – 45 days after the appeal was filed. Board decisions are usually issued within 45 – 75 days after the further appeal was filed.

Why is my pa unemployment still in progress?

Your claim now shows an “in progress” message when you have filed a claim and have not yet received payments. This message will show while L&I determines whether or not you are eligible for benefits, including during the determination period.

What does benefit payment control audit mean Pua Pennsylvania?

WHAT IS THE PURPOSE OF THIS AUDIT? Pennsylvania UC audits are performed to verify your reported payroll and exclusions taken for UC purposes, to ensure that benefits have been charged correctly to your account, and to answer any questions you may have regarding the UC Law.

How do I know if I won my unemployment appeal?

Appeal Decision Notification Details After the hearing is complete, the Hearing Officer will mail you a written decision, usually within five to ten working days. If the decision is not in your favor and results in an overpayment of benefits, you will be required to repay those benefits to TWC .

Has Your Employer Appealed Your Pennsylvania Unemployment Benefits?

To avoid losing your hearing, you want an unemployment lawyer with a strong understanding of the legal issues, the ability to clearly articulate an...

Has Your Employer Or Notice of Determination Referred to Your Termination as “Willful Misconduct?”

You can usually collect unemployment benefits after your employment has been terminated unless you were fired for willful misconduct. Willful misco...

Has Your Employer, An Unemployment Lawyer, Or Your Notice of Determination Referred to Your Termination as “Voluntary Quit?”

KM&A frequently hears questions about “voluntary quits” and eligibility for benefits. Generally, you must prove that you acted with ordinary common...

What Is The Risk of Losing Your Unemployment Appeal Hearing?

It may help to see the investment in an unemployment attorney using a cost-benefit analysis. The money spent now protects dozens of weeks where you...

What’S The Deadline For Appealing The Denial of Your Unemployment Benefits?

The statute of limitations period on unemployment benefits is very strict. You generally have 15 days. Expedience is key, and an unemployment attor...

What Happens If You Didn’T Have An Unemployment Attorney at Your Pennsylvania Unemployment Compensation Hearing?

Clients in this situation are often at an insurmountable disadvantage compared to their former employer. Once the record is made during the hearing...

Why Do Employers Fight Unemployment Compensation Benefits?

Although the employer doesn’t pay the unemployment benefits directly to the claimant, successful claims mean that the employer will pay a higher pr...

What to do if unemployment is denied?

If your unemployment claim is denied, you have the right to appeal. State procedures differ, but typically you will have to file a written appeal and attend a hearing, in person or by phone, to state why you think you are entitled to benefits.

What to do if your employer violates your rights?

If you believe your employer has violated your legal rights, you should consult with a lawyer to find out how strong your claims are. For example, you might believe that you were selected for layoff because of your race, or that your employer fired you in retaliation for reporting health and safety violations.

Can a lawyer help you file for unemployment?

If your lawyer believes you have a good case, he or she can help you file for unemployment, making sure to state the facts in the way most favorable to your case . The lawyer can also use the unemployment process to start assessing your employer's likely defenses and strategies. You were fired or quit your job.

Can a lawyer help you make a persuasive case?

And, you should carefully consider whether you have a chance of winning: A lawyer can help you make a persuasive case, but can't change the facts. If you are clearly not eligible for benefits under your state's law, hiring a lawyer won't help. Talk to a Lawyer.

Tell Us About Your Unemployment Compensation Case

Leaving any job can be an emotional and trying time; the level of emotions increases if you are unjustly terminated or forced to quit because of circumstances beyond your control. If this describes your situation, call the lawyers at Trinity Law – we are here to help you get the benefits to which you are entitled.

Have a PA Unemployment Compensation Lawyer in Your Corner

What you say and do in handling a claim on your own can make a huge difference in terms of achieving success. You need to line up the right evidence and give testimony to support your claim. Let the unemployment compensation attorneys at Trinity Law take care of all the hard work, so you can focus on sharing your story.

Employee Claims

Losing a job, whether you quit or were fired, can be a shocking experience. We want to hear your story. We can help you file your claim and will appear on your behalf at any hearings.

Employer Claims

Defending against unemployment claims filed against your business can be tricky. As a business owner, you can lean on our experience and sound legal advice to make decisions in the best interest of your business. If you have an immediate need for representation, we can help.

What is an unemployment appeal lawyer?

An unemployment appeal lawyer can be the difference between winning or losing the appeal. Referee Hearing for Unemployment: What to Know. The purpose of a referee hearing is to present your case to a referee who will decide whether or not you should be eligible for unemployment compensation (“UC”) benefits.

What are the reasons for unemployment?

What are the Top Reasons People Seek Unemployment Benefits? 1 You were laid off due to lack of work 2 You were fired without good cause 3 You quit your job with good cause 4 You had to leave your job because of domestic violence 5 You needed to quit your job because of a personal reason 6 You were fired through no fault of your own 7 You were discriminated against 8 You were fired for a seemingly minor or absurd reason 9 You felt pressured to leave and couldn’t continue working 10 You were told you would get your unemployment benefits

What does it mean when your employer appeals your unemployment claim?

Your employer will present a binder of reasons, documents, and witness statements only telling its side of the story.

How to avoid losing your unemployment hearing?

To avoid losing your hearing, you want an unemployment lawyer with a strong understanding of the legal issues, the ability to clearly articulate and advocate your case, and the knowledge to prevent the experienced employer from taking control at the hearing .

What to say at an unemployment hearing?

At a hearing, after you are sworn in, you are basically told “make your case.”. Without an unemployment lawyer, you must deliver an hour speech that hits the correct legal points, introduces evidence (both documentary and testimonial), makes and defends evidentiary objections, and avoids making any egregiously damaging statements.

What happens when an employee informs the employer of the problem?

Once the employee has informed the employer of the problem, the burden shifts to the employer to offer a suitable accommodation. For example, if you had a good reason, like a medical condition, and informed your employer of the need for an accommodation that was never granted, you may have a strong case.

Can you change your unemployment record after hearing?

The unemployment compensation hearing record is very difficult to change after the hearing. So you essentially have one good shot to get the best evidence on the record and one shot to keep the employer’s best evidence out of the record. Quitting for Family Reasons and Collecting Unemployment.

What happens if you get denied unemployment in Pennsylvania?

If your initial claim for Unemployment Compensation benefits was denied, you have the right to appeal this decision and have your case heard in front of a Pennsylvania Unemployment Compensation Referee. If your eligible decision was appealed, you can expect your employer to contest your case here as well. The purpose of the unemployment hearing is to ascertain your eligibility by obtaining all evidence related to your case, in other words, this is your one shot at putting all the evidence on the table. Many claims in the Pittsburgh region will heard at the Pittsburgh Referee Office, Suite 340 Piatt Place, 301 Fifth Avenue, Pittsburgh, PA 15222.

What happens if you get unemployment after you quit?

If you are seeking unemployment compensation after leaving your job, the burden falls on you to prove that you had good reason to quit and that there were no other remedies available to preserve your employment.

Can you sue your former employer for wrongful termination?

Further, MKO unemployment lawyers always assess your case for wrongful termination and may offer to sue your former employer if illegal activity is found. It is highly recommended that you hire an attorney to help you prepare whatever testimony, witnesses, and other evidence you might need to win your appeal.

Do PA unemployment cases have to include evidence?

The Pennsylvania Rules of Evidence apply, and we know it’s not fair to the employee, but the reality is that we win many of our unemployment cases using the technical rules to include or exclude all sorts of evidence (documents, testimony, video/audio recordings). The secret to win your PA Unemployment Compensation Appeal Hearing is most often ...

How long does it take to get a biweekly unemployment claim in Pennsylvania?

It can take up to four to six weeks to receive the approval of your first biweekly claim.

How often do you have to file a claim for unemployment?

After you have filed your initial application for UC benefits or reopened an existing application, you must file a claim for each week in which you are totally or partially unemployed.

How long does it take to get your first unemployment payment?

Here’s how you can calculate your weekly benefit rate. If you are eligible for benefits, you should receive your first benefit payment within four weeks after the effective date of your application, provided you file your biweekly claims on time.

Did Pennsylvania have low unemployment?

Before the pandemic, Pennsylvania had low unemployment with a near-record number of people working and the UC office was appropriately staffed for those conditions.

What are the factors that determine if a position is suitable for unemployment?

For the initial unemployment period, whether a position is suitable depends on several factors, including the level of skill and training required, the similarity between the work and your previous employment, how much the position pays, and the distance between the job site and your residence.

How much do you have to make to qualify for unemployment?

During the base period, you must meet all of the following requirements in order to be eligible for unemployment: You must have earned at least $116 per week during at least 18 weeks in the base period. You must have earned at least $1,688 during the highest quarter in your base period.

How long is PUA unemployment in 2021?

ARP makes PUA benefits available through Labor Day 2021, and increases the maximum duration of these benefits from 50 to 79 weeks. The PEUC program provides for a federally-funded extension of benefits when state unemployment benefits expire. ARP increases the maximum duration of PEUC benefits from 24 to 53 weeks, ...

What is misconduct in Pennsylvania?

In Pennsylvania, among other things, misconduct means an intentional violation of the employer's rules, the failure to conform to standards which an employer can reasonably expect from an employee, or careless behavior that is so frequent or severe that it shows a disregard for the employer's interests.

Can you get unemployment if you are fired?

However, if you engaged in "misconduct," you will not be eligible to receive unemployment. In Pennsylvania, among other things, misconduct means an intentional violation of the employer's rules, the failure to conform to standards which an employer can reasonably expect from an employee, or careless behavior that is so frequent or severe that it shows a disregard for the employer's interests. For example, showing up to work under the influence of alcohol or drugs or having several unexcused absences after written warning would qualify as misconduct.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Do I have to file weekly claims with DLI?

Once you file, you must continue to file weekly claims with the DLI for each week for which you are claiming benefits. Once it receives your application, the DLI will send you some documents, including a Notice of Financial Determination indicating your potential benefit amount and duration.

How to file for unemployment after losing a job?

After you lose a job, you may file an application for unemployment benefits with your state's unemployment agency. A list of state unemployment agencies can be found on the CareerOneStop website. After this filing, your ex-employer may submit an objection with the agency, arguing that you are not entitled to unemployment benefits. The ex-employer must offer a reason supporting its claim that you are not entitled to benefits, such as that the employer fired you for misconduct. The agency will interview you, possibly hold an administrative hearing, and, ultimately, make a decision either approving or denying your application for benefits. If the agency denies your application, you can appeal that decision. Likewise, if the agency approves your application for benefits, the employer can appeal that decision.

How to appeal unemployment denial?

In order to appeal the denial of unemployment benefits, you must meet deadlines and other requirements, as well as file a written appeal presenting your supporting legal arguments. While you are not required to have a lawyer for this process, you may be at a disadvantage if you do not. This article discusses whether you need a lawyer ...

Can an ex-employer file an objection to unemployment?

After this filing, your ex-employer may submit an objection with the agency, arguing that you are not entitled to unemployment benefits. The ex-employer must offer a reason supporting its claim that you are not entitled to benefits, such as that the employer fired you for misconduct. The agency will interview you, ...

Do lawyers charge an hourly fee for unemployment?

Although a lawyer may charge an hourly fee for representing you in the appeal of the decision on your application for unemployment benefits, you may be able to contain these fees by limiting the scope of the lawyer's duties.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can an employer contest unemployment?

Employers Can Contest Your Unemployment Benefits Claim. After you lose a job, you may file an application for unemplo yment benefits with your state's unemployment agency. A list of state unemployment agencies can be found on the CareerOneStop website. After this filing, your ex-employer may submit an objection with the agency, ...