Philadelphia Unemployment Compensation Lawyer
If you have lost your job, it is likely that you are entitled to Unemployment Benefits. In this difficult economy, these benefits are crucial to many people’s economic survival, serving an important function in helping them make ends meet in the interim between jobs. Sometimes, however, an employer will challenge a former employee’s right to these benefits. If you have attempted to claim unemployment benefits, but your attempts have been stifled by a former employer, you need to contact an Unemployment Attorney immediately. The unemployment lawyers at The Law Offices of Greg Prosmushkin, P.C. are ready to help you collect the money you deserve.
Under What Circumstances Do I Get Unemployment?
A few unemployment facts:
- At a hearing, the employer bears the burden of proof, meaning he or she must prove that you quit, or were fired for “willful misconduct” or rules violations. You are entitled to this compensation until the employer can prove otherwise.
- You may be eligible for unemployment in the event of a layoff or job elimination.
- It is possible to be eligible for unemployment even if you did quit. If you quit for what can be demonstrated to be a “good cause,” you may qualify. Remember though, good cause is as defined by the law, not your interpretation. You must show a “necessitous or compelling reason” to qualify.
- You may be eligible to collect both Unemployment and Workman’s Compensation under circumstances involving a post-work related injury layoff. Do not make a deal with your employer forfeiting your potential Workman’s Compensation claim.
What Can We Do?
Upon retaining counsel, your Attorney will file, and an unemployment compensation hearing will be scheduled. An unemployment compensation hearing is a formal, adversarial hearing at which you and your former employer will both – with the aid of counsel – present your respective cases to be decided by an unemployment compensation hearing referee.
Your lawyer will help you to prepare for this hearing. Because it is adversarial, it is easy to become overwhelmed and not put on your best case. This is why it is very important to adhere to the instructions of your attorney. This is not your time to tell your story as you want it told. You can, and should, share every detail with your attorney, but the hearing is where your lawyer will guide your story, asking questions to elicit responses containing the facts they deem essential to winning your case.
Your lawyer will prepare you accordingly. A strategy for your case will be devised and implemented. Your attorney will challenge the employer’s witnesses and prepare you for the same attempts by opposing counsel. And your attorney will make legal and factual arguments designed to sway the referee over to your side.
Why Do I Need a Lawyer?
Due to the legal and fact specific nature of a Workman’s Compensation hearing, it is best to retain counsel – your former employer most likely will. You should do everything you can to protect your rights and your money. The Law Offices of Greg Prosmushkin, P.C. offers absolutely free consultations to discuss your unemployment circumstances. Call today to schedule your free consultation with one of our unemployment law attorneys.
This content was written on behalf of Greg Prosmushkin.