Employment Law Articles
My PA UC Claim Is Under Review – What Should I Do?
Question:
I went to check the status of my PA UC claim and I received a message that states “there is an issue on the claim that is currently being reviewed.” What does this mean for me?
Answer:
The PA UC Application Review Process
After you apply for unemployment compensation benefits in Pennsylvania, your case is assigned to a UC Representative who is responsible for investigating your claim and reaching a determination on whether or not you are eligible for UC benefits. This individual will review your initial application to obtain basic information regarding your claim. The representative will then contact the employer and request that the employer submit a questionnaire regarding the reason the employee’s employment ended. You may also be asked to submit a questionnaire as well.
If additional information is needed to clarify responses, the investigator has the ability to interview both the employee and the employer …
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What happens during an appeal to the Board of Review?
If you did not receive the outcome you had hoped for after your PA UC referee hearing, you have an additional appeal to the UC Board of Review. There are 15 days to file an appeal to the Board of Review after the UC referee has mailed their decision. The Referee’s Decision and Order will include instructions on filing an appeal to the Board of Review. An appeal can be filed simply by writing a letter providing your case information and the reason for your appeal.
It is often helpful to seek an attorney to file an appeal so they can clearly and correctly cite the applicable law that applies to the claim and establish a legal argument on why an employee should receive unemployment benefits based on PA UC Law.
No further hearings are conducted after the referee hearing. In fact, the referee hearing is generally the only opportunity …
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What is a good reason to appeal a denial of UC benefits?
If you have been denied PA UC benefits, you are probably wondering what you will need to prove to be awarded benefits. There are several reasons a person’s unemployment benefits may be denied. The two most common sections of the PA UC Law are 402(b) and 402(e). Below are a list of reasons, arguments, and defenses to raise if you have been denied UC benefits.
Willful Misconduct – Section 402(e)
402(e) deals with the issue of willful misconduct. The most common situation where willful misconduct is found is in the case of a violation of an employer’s work rule. The employer will seek to deny benefits by showing the existence of the rule, the reasonableness of the rule, awareness of the rule (typically by signing an acknowledgement of receiving an employee handbook or prior warnings), and a violation of that rule.
Common defenses to willful misconduct include lack of awareness …
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What is the UC Service Center?
In Pennsylvania, the UC Service Center is responsible for processing unemployment compensation claims. They are the agency that receives applications for unemployment benefits. The UC Service Center assigns cases to their representatives for investigation and determination. The investigation consists of the representative asking the employee the reason for their application and confirming the reason for the Claimant’s application with the employer.
The claims representative is then required to issue a decision on a Claimant’s eligibility based on the information they received from both the employer and the employee. If a party disagrees with the decision made by the UC Service Center, they have the right to appeal the decision within 15 days to request a UC referee hearing.
UC claims representatives often have to decide claims based on incomplete information or conflicting information. Unfortunately, the claims representative often resolves conflicts in favor of the employer. However, by exercising your right …
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The Pennsylvania Unemployment Compensation Process
The purpose of this article is to outline how to apply for Pennsylvania unemployment benefits, how the Department of Labor decides an applicant’s eligibility, and what to do if a decision needs to be appealed.
Applying for Unemployment Benefits
You can apply for unemployment benefits by mail, phone, or online. The easiest way to apply for benefits is by Filing an Inital Claim on the Pennsylvania Department of Labor website. You’ll be asked a few questions about your work history and the reason your employment relationship ended. Be sure to answer each question truthfully. You do not want to indicate that you are applying for benefits due to a lack of work if you quit or were terminated for a rule violation.
Department of Labor Investigation
After receiving your initial application, you may be contacted by the UC Service Center for a phone interview or asked to complete a questionnaire …
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Being Denied PA UC Benefits Due to Self-Employment
Section 402(h) is the section of the Pennsylvania Unemployment Compensation Law which states that a claimant is ineligible for unemployment benefits if they are self-employed.
What many people do not realize is that once they become self-employed, they are ineligible to collect unemployment benefits. Most people who have lost their employment and have had trouble regaining employment often try to start their own business. While this feels like the right thing to do, once you decide to take the leap to start your own business, you can no longer collect unemployment benefits. If you claim benefits while you are self-employed, you may be required to pay back any benefits you received while you were self-employed.
Another area where this body of law arises is when the claimant accepts a position with an employer and is classified as an independent contractor and earns wages on a 1099 basis rather than as …
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