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Old 12-05-2013, 01:04 AM
 
1 posts, read 1,027 times
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Hi everyone I can really use a few opinions. ok so I drove to work and park in the parking lot and I accidentally pulled to far in and bumbed one of the office trailers it left a dent. I explained to my superintendent that it was an accident but he insisted I did it on purpose. Im waiting for my determination, if I say it was an accident and they say it was on purpose do they have to prove that, how would you prove intent. Anyway I was confident that I would be eligible but longer I think about it the more worried I get. What do you guys think any input would be greatly appreciated.
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Old 12-06-2013, 06:09 PM
 
Location: Pittsburgh
7,541 posts, read 10,264,971 times
Reputation: 3510
Here's what the Dept. of Labor says:
13. Who has the burden of proof at an unemployment compensation hearing in Pennsylvania?
Simply stated, if the employee quits his/her job, he/she has the burden of showing he/she quit for what the law calls “necessitous and compelling” reasons. On the other hand, if the employer fires or terminates the job of the worker, then the employer bears the burden of establishing that the worker engaged in what the law calls “willful misconduct.”


It would seem that since you were unfortunately terminated, the employer would have to prove it was willful misconduct. Unless you weren't supposed to be in the parking lot in question at all, it would look like they have a hard position to prove it was a willful accident.
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