Losing a job can put an enormous financial strain on you and your family, especially if your claim for unemployment benefits is denied. Fortunately, an experienced attorney in labor law can help you understand why your claim was denied and guide you through the complicated appeals process. Here is why it’s essential to work with an experienced unemployment lawyer.

Unemployment Eligibility Requirements

To qualify for unemployment benefits under Pennsylvania labor laws, you must meet certain requirements. First and foremost, you must determine what type of claim you have. If you have been terminated, your employer has the burden to show a compelling reason to terminate your employment such as violation of standard behavior below which an employer expects such as violation of a rule or misconduct. Termination for violation of a rule normally requires proof of the rule, the employee had knowledge of the rule, and how it was violated by the employee. If you quit your job, the burden is on you have to prove a compelling reason to quit such that a reasonable person would quit under the same circumstances. Additionally, you would need to prove you did everything within your power to save your job before quitting such as, discussing the issue(s) with your employer and providing an opportunity to resolve the problem. If you were forced to quit for reasons out of your control, such as a health problem but could still work with reasonable accommodations, you may still qualify if your employer cannot accommodate you. 

You also need to prove that you qualify financially. Your unemployment is based on your income in your base year, which is the first four of your last five completed quarters on a calendar year. The high quarter is actually what determines your weekly unemployment benefit. You will still need to earn a percent of your wages in one or more other quarters in your base year.  

Additionally, you must be able and available to accept a job offer in order to continue to receive benefits. 

How an Unemployment Attorney Can Help

If you believe your claim was improperly denied, you have the right to file an appeal. You should appeal any decision, whether financial or entitlement if it denies you benefits, and you do not agree with the decision. Labor laws are confusing and complex, so it’s important to have a qualified unemployment lawyer to help you complete all the necessary paperwork correctly and file it on time. 

A skilled attorney will also prepare you for the court hearing you’ll be required to attend, which are now being done telephonically. In addition to knowing what evidence should be presented, an attorney will also assist with how to present the evidence to make the strongest case as to why you should be entitled to benefits. During the hearing, the attorney would assist in objecting to any inadmissible evidence offered by your employer or their representative.  

Seeking a consultation with an attorney before you quit or anticipate problems may avoid the need to endure a complicated appeals process.  

If you believe you’ve been wrongfully denied or desire advice in regard to unemployment benefits, get in touch with Achille Law, P.C., located at 379 Main Street, Brookville, PA, 15825. Visit their website to learn more about their practice areas or call (814) 849-6701 to schedule a free consultation.