Spitale Vargo Madsen & Blair

UNEMPLOYMENT       COMPENSATION

PRACTICE AREAS

1. INITIAL CLAIM

You can file your claim online at the Pennsylvania Department of Labor website. While this process is fairly brief and will require some basic background information, you will then be required to continue to update the unemployment office with ongoing information.

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2. REFEREE HEARINGS

If your Notice of Determination denied you benefits, you may appeal the determination and you will be scheduled for a UC Referee Hearing. But you must appeal the determination within 15 days from the date that Notice of Determination was mailed.  You should be represented by an attorney at this hearing.

3. UCBR APPEALS

If you are denied benefits at the referee hearing, you can further appeal this determination to the Pennsylvania Unemployment Compensation Board of Review (UCBR).  The UCBR grants only about 8 percent of appeals.

4. COURT APPEALS

If your claim remains denied after the UCBR reviews the decision, you have one final appeal to the Commonwealth Court.  These appeals must be made within 30 days from the UCBR decision. Much like UCBR appeals, appeals to the Commonwealth Court are an expensive and often uphill battle.

Employment Attorneys in Allentown, Bethlehem & Easton, Pennsylvania

Lehigh Valley Unemployment Compensation Lawyer

Many people who lose their employment think they are not eligible for unemployment compensation because they were terminated. Actually, the opposite is true. You are often not eligible for unemployment compensation if you leave voluntarily. File for unemployment benefits in Allentown, Bethlehem & Easton now.  Our employment offers free initial consultations to talk with you about your rights regarding unemployment compensation.

 

Am I eligible for Unemployment Compensation Benefits?

If you are terminated from employment as a result of corporate downsizing, job elimination or outsourcing, you are eligible for unemployment benefits. The only times you are not eligible are if you quit voluntarily without "necessitous or compelling reasons" or if you commit "willful misconduct." Willful misconduct is being insubordinate, committing theft or other crimes at work, or violating the rules and regulations of the workplace.  Often times an employer may attempt to avoid paying unemployment by falsely alleging one of these basis.  Our employment attorneys can help you get the compensation you deserve.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do I need an attorney for Unemployment Compensation Benefits?

As the unemployment rate has increased over the past few years, the unemployment office has found new and creative reasons to deny benefits to those of us who need them the most.  In past times, an employee’s declining performance was not considered willful misconduct.  However, under recent cases, an employer may be able to show that an employee’s declining performance can be a basis for denying benefits.  If there was ever a time where an attorney was needed for unemployment hearings, this is that time.

 

The Pennsylvania Bureau of Employment Security typically doesn't deny unemployment compensation benefits unless the employer is contesting the claims. If your employer wants to contest an unemployment claim because of willful misconduct, then the burden of proof is on the employer to prove it.

 

Unemployment Compensation Referee Hearings

If your unemployment compensation claim is initially denied, you have a right to a hearing before an Unemployment Compensation Referee. It's very important to be represented by a lawyer at this hearing. If the Referee finds against you, you have a right to have your claim reviewed by the Unemployment Compensation Board of Review (UCBR).  However, you rarely have the ability to present new evidence after the Referee’s hearing.  This is precisely why it is important to have experienced representation from the start.

 

Find an Unemployment Lawyer in Northampton, Lehigh, Monroe & Carbon County

If you have questions or concerns regarding employment termination and unemployment compensation, contact a qualified Unemployment Compensation Lawyer today.  Attorney Madsen has a proven record of successfully representing clients at both the initial referee’s hearing and appeals to the Unemployment Compensation Board of Review (UCBR).

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680 Wolf Avenue

Easton, Pennsylvania 18042

Phone: 610-258-3757

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Spitale, Vargo, Madsen & Blair is a Lehigh Valley Law Firm.  We provide legal representation to the cities of Allentown, Belvidere, Bethlehem, Easton, Flemington, Jim Thorpe, Phillipsburg & Stroudsburg.  Our Lehigh Valley Attorneys practice in front of the Carbon County Court, Hunterdon County Court, Lehigh County Court, Monroe County Court, Northampton County Court and Warren County Court.  Our Lehigh Valley Attorneys operate out of our Easton, Pennsylvania Law Office.  Legal Disclaimer, Legal Resources

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