Philadelphia Lawyer for Employer Unemployment Hearing
As an Employer you are exposed to certain risks that many do not appreciate. The hiring and firing of employees is a reality you must deal with. You may decide to dismiss employees for a number of reasons, ranging from both macro and micro economic factors to simple poor employee performance. Sometimes your reason for terminating an employee will leave you vulnerable to an appropriate unemployment benefit claim. However, there are many circumstances in which an employee will be disqualified from making a valid claim for benefits. In these instances, you must protect your rights as the employer and dispute these claims so that you do not end up on the hook for thousands of dollars of undeserved benefits. If you believe that a former employee has made an unsubstantiated claim, the Law Offices of Greg Prosmushkin P.C. can help you fight it. Call us today to schedule an entirely free consultation with one of our employment law attorneys.
When Should Unemployment Benefits Be Denied?
There are certain employment circumstances which create a barrier to Unemployment Benefits Compensation, such as jobs defined as independent contractor positions and inadequate duration of employment. These are fairly straightforward and can be easily meritoriously disputed by counsel.
However, when it comes to circumstances of job loss as the determining factor, there is often dispute amongst the parties. Terminated employees will fight aggressively for the benefits they hope to be paid and you must be prepared to meet their challenge with equal fervor. An employee should be disqualified from unemployment benefit eligibility if fired for misconduct, willful behavior or other justifiable cause. As the employer, you know when you have fired someone for inappropriate conduct falling within these areas but employees will often dispute the basis or argue that it was to mask other reasons. Whether they generally believe their contention or are simply fighting to receive moneys does not matter for your bottom line. Also, employees who quit may still seek unemployment benefits. Only with 'good cause' as defined by the state may they collect benefits. These instances are very fact oriented and must be determined by a referee. As such, you must prepare accordingly in order to win your case and protect your company's assets.
The Unemployment Hearing Process
After one of the parties has filed a timely appeal of the initial determination the case will be assigned a referee. Both you and your former employee will have the opportunity to make arguments at the hearing in order to represent your position regarding the matter. It is best to retain counsel for this hearing given its significance in rendering a determination on the disputed matter. An attorney will gather and organize material information, present a legal argument on your behalf, make appropriate objections and cross-examine witnesses.
The determination will not be made at the conclusion of the hearing but will be provided to the respective parties via mail in the coming weeks. You may appeal an unfavorable decision for final determination to be made by the Unemployment Compensation Board of Review. As before, counsel can be a valuable resource both in preparation for and assistance at this hearing.
Most former employees will attempt to secure unemployment benefits because whether deserved or not there is no risk to them in trying. You are the one burdened by potential risk. Protect your company and its finances by disputing bad claims. The Law Offices of Greg Prosmushkin P.C. can help.
This content was written on behalf of Greg Prosmushkin.