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Generally, in order to be eligible for Unemployment Compensation Benefits,
you must: (1) be unemployed; (2) have been separated from
your most recent employment for reasons which do not make you ineligible for unemployment compensation benefits; (3)
have previously worked and
earned a certain level of wages over a period of time; (4) be registered
for work at a State Unemployment Office and continue to report
as directed; (5) make a valid application for Unemployment
Compensation Benefits; and (6) be ready, able and available for suitable
work.
It should also be noted, except under certain narrow circumstances
set forth in the Unemployment Compensation Law, if you were
a self employed individual, you probably are not eligible for Unemployment Compensation Benefits.
Under the law, if you have recently become unemployed, and would otherwise
qualify for benefits, certain facts in your particular separation
from your most recent employment may make you ineligible. For example, you could be determined ineligible for benefits
if you voluntarily quit your
job without good cause, were terminated from your job for willful misconduct,
violated the reasonable rules or policies of your employer,
or failed to accept suitable employment as offered by the employer.
If you think you might be eligible for Unemployment Compensation Benefits,
you must promptly file a claim at the Office of Employment
Security. As part of that claim process, you will be interviewed
and asked questions regarding prior wages, the facts and reasons why
you are presently unemployed, and whether you are now available
and willing to work. At this initial phase, the claimant and
the former employer will be notified as to whether the claimant has
been ruled to have qualified for the unemployment compensation
benefits. From this initial determination, either the claimant
or the employer may file an appeal and request a hearing before an
Unemployment Compensation referee.
The Referee will conduct a full hearing at which time witnesses for
both the claimant and the employer should appear in order
to testify under oath. Generally speaking, the Referee cannot consider a
notarized statement of a witness as a substitute for that
witness’ actual live testimony
before the Referee. The Referee will promptly render a written decision
concerning the claimant’s eligibility for benefits.
In a contested case, further appeals are possible to the Unemployment
Compensation Board of Review and to the Commonwealth Court.
It is important to note that an employer cannot guarantee to a claimant
that he or she will be eligible for unemployment compensation.
The initial determination of a claimant’s eligibility for unemployment
compensation benefits is made by the Office of Employment Security
which must follow the legal requirements for determining a claimant’s eligibility.
Any party, whether a claimant/employee or employer, who feels an improper
determination has been made as to benefits eligibility, should
quickly seek out competent advice from a lawyer. This should
be done early in the process, and in order to protect your rights,
legal counsel should be consulted prior to any hearing before
the Unemployment Compensation Referee. Most of the notices and
determinations by the Office of Employment Security concerning benefits
eligibility require that time limits for appeal be adhered
to strictly. It is important that any party involved in an Unemployment
Compensation case have the particular facts in his or her situation
analyzed by a qualified lawyer to determine the merits of
the claim, in light of the current statutory and extensive case law
in Pennsylvania dealing with eligibility for Unemployment
Compensation Benefits.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
