Unemployment appeals hearings (collect, file, claim, work)

[bookworm64]

For the very first time, after working decades, I've applied for unemployment benefits. The claim was denied and I have the chance to appeal. Can anyone tell me what I can expect at the hearing? Who will be there from my former employer? What happens if the former employer doesn't show up? How formal are the proceedings? Thanks for any info. I just don't want to walk into an unknown situation.

[wehotex]

Originally Posted by bookworm64

For the very first time, after working decades, I've applied for unemployment benefits. The claim was denied and I have the chance to appeal. Can anyone tell me what I can expect at the hearing? Who will be there from my former employer? What happens if the former employer doesn't show up? How formal are the proceedings? Thanks for any info. I just don't want to walk into an unknown situation.

Hopefully, your former employer has honest representatives that won't lie through their teeth to win against you. but be prepared! it is no different than a criminal court. they will try to discredit your testimony. have all of the facts with you. if you don't have an answer for something, say that you can't recall. don't try to make up something that you can't possibly remember. in my case, the HR rep kept saying that she couldn't recall. of course, she had the benefit of counsel and probably it wasn't her first time at the rodeo either. hopefully, your judge won't be a jerk. good luck.

[ericwin]

10 years ago I'd represent my employer in the Philly area. I'd pull all the fact from the department facilitating the termination, cleans it from all opinion and non-factual information.

If I felt it was a hard case we'd hire our 'retired' unemployment referee to represent us. Of course the terminating manage and I would both go too. We only would fight the really horrible employees; constantly late, no call and no show, mouthing of customer, clients and other employees and so on.

It feels a lot like small claims court to me. Best advice is to remain calm, unemotional and stick to the facts as you lived them. Take any supporting documentation. And it is very unlikely that you will continue to be denied.

Hope this helps and that your former employer is not a scumbag.

[Sugarman]

August of last year we started a very successful business. I was employed as with another company. This past August, I resigned from the other employer. However, because of the economy, our sales took a tremendous nose dive and income was not generated. I applied for Unemployment benefits and was denied, since i voluntarry resigned.

should I appeal the ineligiblity decision, since the current business is not generating any income? If so, how should I go about it?

[zerlina]

After 8 years with a company (over 30 years with a company that closed) I was fired because the company said I caused damage to machinery. I was hit by a drunk driver 18 months ago which has resulted in memory problems for me. The company "hassled" me over several of my therapy sessions but are well aware of my memory issues. If stressed or anxious, the memory issue is worse.
I was told that the company's medical insurance costs have risen drastically because of my medical claims.
I had been awarded unemployment when I was first fired back in October. However, I needed to review my claim and have now been denied. How can that be? Any suggestions to help with my appeal?
Zerlina

[pennsteve]

If you quit, you cant get unemployment. If you were fired for a good reason, (does NOT have to theft, maybe you called off too many times, whatever), you can not collect unemployment.

If the employer doesnt show up, you win.

[13levine]

Originally Posted by bookworm64

For the very first time, after working decades, I've applied for unemployment benefits. The claim was denied and I have the chance to appeal. Can anyone tell me what I can expect at the hearing? Who will be there from my former employer? What happens if the former employer doesn't show up? How formal are the proceedings? Thanks for any info. I just don't want to walk into an unknown situation.

I noticed your submission date is 5 days before I was fired so your case is long since resolved.
I went through the appeals prrocess. Not like a day at the picnic. I will try to make a long, long story short because I don't know how many words you are allowed on here.
The trial was by conference call. Three big guns from the company were there. Production manager, production supervisor, and I think she is accounts/HR or something (the company owners daughter anyway). You are questioned just like in the court room. Right down to raising your right hand to take the oath. It says in the pretrial stuff if you don't show up a decision will made with the original submissions. I don't know what happens if the employer doesn't show up. I think chances of winning the lottery are better.
It took four and a half months to get to trial. Here is a few things to remember:
1. Speak or write not one word of a lie about anything that went on to anyone. You never know how far gossip will go. Everyone you talk to has a friend that they want to impress with some brand knew knowledge.
2. Everytime you go to file for your weekly benefits, up will come something like "unresloved issues with your application." File anyway this is super important.
3.Memory fades with time. Take the time to write every single thing that your can remember that applies to your case. Anything you know from first hand knowledge, not hearsay, this is worthless.
4.If you win, don't go on wild spending spree because the case is far from over with.
5.DON'T GIVE UP. I'll bet 95% of the people fired never appeal and companies know that and feel safe firing anyone on the flimsiest of reasons. Anyone who thinks you can be fired for only one or two reasons either hasn't been fired or isn't aware that that there are one or two employers out there who will stop at nothing, including lying, about what happened just use one of those reasons if that actually is the only reasons the state has (I don't believeit). As far as I'm concerned the whole UIC system is designed by bullies for bullies. This is how small companies get rid of their people when things get slow. A companies rates go up if they lay anyone off just like your rates go up if you have an accident. Have you ever seen the stats on TV of the number fired and don't get unemployment. No, all you see are the huge numbers laid off by big companies and all they have to do is go home and file for unemployment and along comes those checks every week regular as clock work. Not the never ending battle to get unemployment if you are fired.
I was lucky and got a fair and unbiased judge. The judge is paid by the UIC and the UIC is paid for by the employer. I've been down this road before and believe me a judge like that is a rarity but I discovered they do exist.
If you have ever watched Judge Judy that is who judge I got reminded me of. She made mince meat of my former employer. They had not even one shred of evidence. What's funny is I heard through grape vine that they had fired their key witness a long time ago. The snitch they sent after me.
I finally went to court on 3.16.09 and on the 18th I got a notice in the mail that the money had been deposited to my account the day before. Over $3000.00 minus 15% state and federal taxes.
The original letter said that the company has 30 days or something to appeal and yesterday (4.01) I got the notice they are appealing. The company knows how unlikely it is to get a fair and unbiased judge and hoping for the opposite this time. I've been down this road before. The company can't lose if the judge looks at where their pay comes from rather than their consience and the facts.
All that money still sits in my account. Stone broke as I am, I don't dare touch it. I have pretend in my mind that I haven't even got it. In spite of the fact that you get free room and board I have no interest in finding out what happens if you don't pay the government what they decide you owe them. The government can take money out of your account as fast as they put in there, as I know for a fact others have found out who owe the IRS. If it isn't there for them take out ...... This has gotten way to long.

[nomore07]

Originally Posted by EmmausRocks

What I posted was PA UNEMPLOYMENT LAW FACTS. Check the laws regarding unemployment and you'll find I am correct.

www.patrick.net

Wow. How can you assume every employer is honest? Nowadays many companies will lie to avoid paying increased unemployment taxes. They know that appeals can take a long time and many people just give up on it.

[13levine]

Originally Posted by nomore07

Wow. How can you assume every employer is honest? Nowadays many companies will lie to avoid paying increased unemployment taxes. They know that appeals can take a long time and many people just give up on it.

I didn't mean it the way you took it. I was being facetious (kidding). There are so many crooked, slimey, employers out there it would take half the fingers and toes in America to count them. There are, however a lot of employers who really hurt having to layoff their loyal employees. The keyword here is layoff rather than fire them. It's easy for the small companies. They just fire one or two a week on trumped B.S. and get rid of most of their crew. They layoff a few to call back when things get going again and the whole thing keeps their costs to a minimum. I guess I never made it clear in my first response that I know most people don't bother with appeals because it can take forever and most of the time you eventually lose anyway. Basically it is case of UIC investigating themselves and findinng themselves and the people who finance them guilty. Fat chance.
I know nothing about PA law and if I gave anyone the impression that I do it was an error on my part. I can still believe or not believe what I'm hearing.
I know it enrages some people if every word they say isn't considered gospel, however I have far more respect for people who at least think about what they heard.
Theft can cover everything under the sun. From taking long coffee breaks, to not coming to work on time every single day. Either one is blatant theft from the company. They need you at work on time and working when you are suppose to be working or you are causing them to lose money the same as if you stole money out of their till. If they didn't need you every day on time and working when you are supposed to be working they wouldn't have hired you in the first place. Some people think the only theft is when money is stolen or material stuff is stolen for resale or to take home to use. Just talking to someone at work and allowing your hands to stop or slow down for a moment is theft. What I'm saying in the end is an employer in PA has endless ways of firing a person for theft if that actually is the law there.

[Gwen0000]

When you intially file for benefits, you are asked what the classification of the type of work you do is (ie: clerical, managerial, welding, whatever). Once you are classified, if you choose to return to full-time school you can be declared ineligible because your school would "interfere" with your normal type of work....unless you say you _would_ quit school for a job.

There's a buncha "if's" in that, but the bottom line is to try not to get classified in the wrong place; and to say that you're willing---no matter what---to go back to work above anything else happening in your life.