Spotlight Issue: Unemployment compensation hearings

If you’ve been fired from your job in Berks County, PA, what should be your first step to secure a source of income? You must file for unemployment compensation. As long as you meet the eligibility requirements, you will receive payments.

There are two requirements to be eligible 1) you must have earned enough wages AND 2) the reason you aren’t working must not be the result of your own actions – generally this means that you were terminated for a reason OTHER THAN wilful misconduct – usually you are not eligible if you quit your job, but there are exceptions to this rule such as quitting as a result of harassment.

After you have filed for unemployment compensation, you will receive a notice from the Office of Employment Security notifying you whether or not you have met the eligibility requirements. If you are denied benefits, you can appeal the decision. Conversely, if you are granted benefits, your employer can appeal the decision. Under either circumstance, the appeal MUST be filed within 15 days of the mailing of the notice.

Appeal hearings are scheduled in front of a Referee. At that hearing, you will be expected to present evidence and cross-examine witnesses. If you were fired then your employer has the burden of proving that you were terminated because of your own wilful misconduct. If you quit then you have the burden of proving that you had a necessitous and compelling reason.

The good news is that you don’t have to handle this on your own. You should hire an experienced unemployment compensation attorney to guide you through the process and give you the best chance of success at your hearing. Contact our Reading, PA unemployment compensation appeal attorneys at 610-372-5128 or info@enmlaw.com.

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