Unemployment Attorneys in Lehigh and Northampton County, Securing Unemployment Compensation for the Greater Lehigh Valley
Our Unemployment attorneys represent individuals throughout the unemployment process, including consultation before initial claims, referee hearings and UCBR Appeals.
Many people who have been terminated or lose their employment due to layoffs think they are not eligible for unemployment compensation. However, If you are terminated from employment as a result of corporate downsizing, job elimination or outsourcing, you are eligible for unemployment benefits. If you were terminated or fired without good cause, you are also likely 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. Often times an employer may attempt to avoid paying unemployment by falsely alleging one of these basis. Our employment attorneys can help you get the compensation you deserve.
Our Unemployment Attorneys are here to help.
The first step in an unemployment case is to file for benefits. You can file your unemployment claim online at the Pennsylvania Department of Labor website. While this process is fairly brief, it will require some basic background information. You will then be required to continue to update the unemployment office with ongoing information.
After the unemployment office reviews your application, they will make an initial determination as to benefit eligibility. This decision will be mailed out as a Notice of Determination. Either you or your employer can appeal this decision to a referee’s hearing.
If your Notice of Determination denied you benefits, you may appeal the determination and you will be scheduled for a UC Referee Hearing. But you must appeal the determination within 15 days from the date that Notice of Determination was mailed. You should be represented by an attorney at this hearing.
A Referee Hearing is presided over by an attorney, who acts as the judge but is called a Referee. At that hearing both you and your employer will have an opportunity to present your case. The hearing will begin with admission of certain documents if there are no objections. There will likely be a number of documents you should object to. The Referee will then take testimony from both sides and render a decision.
If you are denied benefits at the referee hearing, you can further appeal this determination to the Pennsylvania Unemployment Compensation Board of Review (UCBR). The UCBR grants only about 8 percent of appeals.
If your claim remains denied after the UCBR reviews the decision, you have one final appeal to the Commonwealth Court. These appeals must be made within 30 days from the UCBR decision. Much like UCBR appeals, appeals to the Commonwealth Court are an expensive and often uphill battle.
If you have questions or concerns regarding employment termination and unemployment compensation, contact a qualified Unemployment Compensation Lawyer today. Our Easton Unemployment Office 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).
You must have have earned at least $50 a week for the last 16 weeks to be eligible for unemployment benefits. You will not be eligible for Unemployment Compensation benefits if it is determined you were terminated for “willful misconduct.” You are likely also ineligible if you voluntarily quit, but not always. You must also be willing to seek employment if and when you are able.
You must begin the process by filing a claim for unemployment compensation with the Pennsylvania Department of Labor. The unemployment office will then issue you a Notice of Determination which will state whether you are eligible or ineligible for UC benefits based upon their initial determination
People often make some mistakes when filing for unemployment. Some of these mistakes are:
1. Telling the Unemployment Office that you are not able to work when, in fact, you are
2. Telling the Unemployment Office that you are not willing to work when, in fact, you are
3. Telling the Unemployment Office that you are not searching for employment when, in fact, you are
4. Not realizing that the employer may use your statements against you
5. Admitting to willful misconduct
6. Not thoroughly thinking through answers
When you’re going up against an employer who is fighting you even though they have nothing to lose, you need the best possible representation. An attorney will be able to cross-examine witnesses and establish legal arguments as to why you are entitled to UC benefits. Most of all, an attorney is skilled in the rules of evidence.
Many employers use non-attorney representatives who are incapable of introducing critical evidence if properly objected to. Two prime examples of these cases are where an employer is seeking to introduce a urine screening but cannot due to evidentiary technicalities or where an ex-employee’s statements are not allowed into evidence because your attorney properly objects to them as hearsay and the employers representative is incapable of getting around the objection.
Employers vehemently defend against unemployment claims. Employers are willing to spend large sums to fight unemployment claims.
If you have been denied Unemployment Benefits you should contact one of our Unemployment Attorneys immediately.