Employment Law Articles

If you’ve been terminated in Pennsylvania for receiving poor customer surveys or poor customer reviews, your unemployment benefits may be denied. If you received a denial from the PA UC Service Center, you should absolutely seek an attorney to appeal this determination. Please be advised that there are only 15 days to file an appeal from the date the denial notice was mailed.

Under Pennsylvania’s Unemployment Compensation Law, unemployment benefits can be denied generally under Section 402(e), which provides that “willful misconduct” is a basis for denying someone’s unemployment benefits. A lot of people are confused about the term willful misconduct. Willful misconduct is denied as follows: “an act of wanton or willful disregard of the employer’s interests, a deliberate violation of the employer’s rules, or a disregard of the standards of behavior which the employer has a right to expect of an employee.”

PA’s Unemployment Service Centers are routinely …

Continue Reading »

If you’ve received a letter from a PA UC Service Center informing about an overpayment, you may be wondering what you have to do. Do you have to pay this amount back? What if you don’t pay it back or can’t pay it back? Can they take you to court to collect it? Can they place a lien on your house? What if it was a mistake?

The key to what your rights, duties, and obligations are depend on whether the UC overpayment is considered fault or non-fault. What will usually occur is that you receive a letter from he Service Center stating that you were a recipient of an overpayment and the Service Center will ask that you repay this amount.

This letter will likely state whether or not the payment is considered fault or non-fault. Non-fault overpayments typically occur when you receive benefits initially and the employer …

Continue Reading »

In many circumstances, employees are often asked to resign and sign a Separation Agreement with their employer. Several clients have asked me how this will affect their ability to collect unemployment benefits.

In Pennsylvania, employees who voluntarily quit or are terminated for willful misconduct are not entitled to receive unemployment compensation. However, when a company forces an employee to resign (“resign or you’re fired”), although it seems like a termination, a resignation could be construed by the PA UC office to mean voluntarily quitting and unemployment benefits would be denied. Since you believe that you are being forced out by the company, you will want to protect yourself before signing a Separation Agreement.

When the employer is contacted by the PA UC office to obtain evidence and documentation concerning the termination, the employer would be able to state that the employee resigned, which would lead to the employee being denied …

Continue Reading »

In Pennsylvania, if you began receiving unemployment benefits and the employer appeals, you may be wondering if you have to repay your UC benefits if you lose the appeal.

In PA, if the eligibility determination granting you UC benefits is reversed, you will have to repay the benefits you received only if you were paid benefits through your own fault. If UC payments were made and you are not at fault for that, you do not have to repay your UC benefits, but your the amount you were overpaid will be deducted from future benefits that you may receive.

When completing the questionnaire when applying for unemployment benefits, answer each question truthfully and honestly to the best of your knowledge. One of the few circumstances where the Department of Labor will ask for you to return your unemployment benefits is if the employee knowingly submitted false information in order to …

Continue Reading »

If you were terminated from your employment in Pennsylvania and applied for unemployment benefits, your employer is then contacted by the Unemployment Compensation Board and asked to submit supporting evidence regarding the reason for your termination.

Employers will frequently establish the reasons for the termination and the Board of Review will determine if the employee is eligible for UC benefits. After you apply for benefits, you will receive a Notice of Determination stating whether or not your eligible for unemployment.

If your unemployment benefits are denied in PA, it’s most likely due to Section 402(e) of the Unemployment Compensation Law. Section 402(e) deals with work-related misconduct. What usually occurs is an employee violates an employer’s rule or conduct that an employer expects from their employees. This can range from absenteeism, to insubordination, to not following the employer’s policies or guidelines when performing job duties.

Section 402(e) is the section related …

Continue Reading »

If you applied for unemployment benefits in Pennsylvania and your claim was denied, you may be wondering if you can appeal, how the appeal process works, and whether you need an attorney.

The first thing to be aware of is that the time to appeal a PA UC denial is just 15 days. After you apply for PA UC benefits, you’ll receive a Notice of Determination which lists the office’s findings and whether or not the Claimant is entitled to unemployment benefits. If the Board of Review determines you are eligible for benefits, your employer can appeal the decision. If the Board of Review determines that the Claimant is ineligible for benefits, the Claimant can appeal the decision for a UC referee hearing.

There are three reasons a claim can be denied: (1) the employee didn’t work for the employer long enough; (2) the employee voluntarily quit; or (3) the …

Continue Reading »