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Old 06-15-2010, 12:50 AM
 
1 posts, read 1,609 times
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So, I applied for unemployment and was rejected. My rejection was due to the sideline busienss exception, which in PA is where you have a side business that is not your main business/job, you cans till get benefits if you meet 4 criteria.

I meet 3 of the 4 criteria, but they have stated that I made more money in my sideline business than my job I was laid off from. I'm appealing based on the following:

1. I was laid off from a job I only worked a short time at in 2010, however the sideline business earnigns they looked at were from a full year in 2009 based on my Fed tax return.
2. Proving that in 2008, 2009, and 2010 YTD tax years, my sideline business was always my second form of income, after my regular work.
3. My previous emplyer is not challenging my unemployment (at least I haven't received any such information).
4. My sidelinbe business client will vouch that they have cut back my business in recent times due to the downturn in their own business (this is overkill but client is willing to help).

So basically, what I'm trying to disprove is not the methodology they use turning me down for unemployment. I'm going to go in there and try to persuade them that the spirit of the law makes the methodology (using my most recent job which I only had for a very short time compared to a full year of sideline business earnings) is flawed. So what I'm saying, in "Law & Order" speak, is that the spirit of the law was to provide a safety net for people like me and that the methodology is flawed and hurts me due to my unique situation.

What do you all think? What should I expect them to push back with in the hearing? What should I expect overall in the hearing? What documents might I need beyond tax returns and employment records?

Oh, and I"ve read transcripts online froma lot of hearings, this "spirit of the law" concept comes up quite a bit. I don't think I'm chasing anything too crazy either, but would like to hear the opinions of others.
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