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Many people who lose their employment think they are not eligible for unemployment compensation because they were terminated. Actually, the opposite is true. You are often not eligible for unemployment compensation if you leave voluntarily. File for unemployment benefits in Allentown, Bethlehem & Easton now. Attorney Madsen offers free initial consultations to talk with you about your rights regarding unemployment compensation.
If you are terminated from employment as a result of corporate downsizing, job elimination or outsourcing, you are eligible for unemployment benefits. The only times you are not eligible are if you quit voluntarily without "necessitous or compelling reasons" or if you commit "willful misconduct." Willful misconduct is being insubordinate, committing theft or other crimes at work, or violating the rules and regulations of the workplace.
As the unemployment rate has increased over the past few years, the unemployment office has found new and creative reasons to deny benefits to those of us who need them the most. In past times, an employee’s declining performance was not considered willful misconduct. However, under recent cases, an employer may be able to show that an employee’s declining performance can be a basis for denying benefits. If there was ever a time where an attorney was needed for unemployment hearings, this is that time.
The Pennsylvania Bureau of Employment Security typically doesn't deny unemployment compensation benefits unless the employer is contesting the claims. If your employer wants to contest an unemployment claim because of willful misconduct, then the burden of proof is on the employer to prove it.
If your unemployment compensation claim is initially denied, you have a right to a hearing before an Unemployment Compensation Referee. It's very important to be represented by a lawyer at this hearing. If the Referee finds against you, you have a right to have your claim reviewed by the Unemployment Compensation Board of Review (UCBR). However, you rarely have the ability to present new evidence after the Referee’s hearing. This is precisely why it is important to have experienced representation from the start.
If you have questions or concerns regarding employment termination and unemployment compensation, contact a qualified Unemployment Compensation Lawyer today. Attorney Madsen has a proven record of successfully representing clients at both the initial referee’s hearing and appeals to the Unemployment Compensation Board of Review (UCBR).
Madsen Law Offices is located in Easton, Pennsylvania and represents clients throughout the Lehigh Valley, including Allentown, Bethlehem, Easton, Jim Thorpe, Stroudsburg and other outlying areas.