If your unemployment claim was refused, you have the opportunity to seek an appeal.
If your application for unemployment benefits in Pennsylvania has been refused, you may believe you’re out of luck. However, this is not always the case. You have the right to appeal a refusal of unemployment benefits in Pennsylvania, as in all other states. If you win your appeal, you will get all of the benefits to which you are entitled. This includes retroactive benefits: benefits beginning when your unemployment application should have been approved.
This page discusses some of the most typical reasons why unemployment claims are refused, how to appeal a rejection of benefits, and how to plead your case. For additional information on general unemployment benefits, go here.
Reasons Your Pennsylvania Unemployment Claim Was Denied
If your unemployment claim is refused, the Pennsylvania Department of Labor and Industry will issue you an Unemployment Compensation Eligibility Determination (DOLI). The decision will explain why your claim was refused and will provide information on how to appeal.
The following are some of the most common reasons why unemployment claims are denied:
Inability to Meet Earnings Requirements
In Pennsylvania (like in other states), you must have earned a minimum amount in earnings from companies who are covered by the state’s unemployment laws (most are), over a 12-month stretch termed the “base period,” in order to qualify for benefits.
Leaving Your Previous Job
To be eligible for unemployment benefits, you must be out of work due to no fault of your own. As a result, if you left your work freely and without sufficient reason, you may be denied benefits. In Pennsylvania, you may have good cause to leave if you did so for a compelling reason that left you with no other option and you made every attempt to maintain your employment. For example, if you left due to health issues that your employer could not accommodate, or to move with your spouse, you would most likely continue to get benefits.
Getting Fired for Misbehavior
If you were dismissed for misbehavior, you are not entitled for benefits in Pennsylvania. Intentionally breaching your employer’s regulations or engaging in behaviors severe or frequent enough to reflect purposeful or negligent disregard for the employer’s interests constitutes misbehavior. Misconduct does not generally apply in cases where you were just a bad match or had the necessary abilities.
Refusing Appropriate Work
You must hunt for new employment and accept a suitable job if one is given to you in order to get benefits. (For further information on these qualifying conditions, see Collecting Unemployment Benefits in Pennsylvania.)
It is not always desirable to file an appeal after being denied unemployment benefits. For example, if you plainly do not match the earnings criteria, it is pointless to waste time on an appeal. If it’s unclear whether you were dismissed for wrongdoing, pursuing an appeal could be a smart choice.
How to File an Unemployment Appeal in Pennsylvania
If your application for benefits is refused, you have 15 days from the date of mailing to submit an appeal. You may submit an appeal online, via mail, fax, or in person at a PA Career Link site. You must submit your appeal with the service center specified on the decision letter, regardless of how you file it.
When you submit your appeal, offer a concise explanation of why you feel you should be granted benefits. For example, if the decision letter states that you were denied benefits because you were fired from your previous job for misconduct, you could write, “I was forced to quit my job along with several coworkers when my employer refused to provide us with required safety equipment to work with toxic chemicals.”
You should make weekly claims for unemployment benefits, hunt for work, and retain records of your job search throughout the appeal process, just as you would if your application for benefits had been approved. This may seem to be a waste of time, but it is not. If your appeal is successful, you will be eligible to payments retrospectively from the moment your application should have been granted – but only if you have followed the ordinary requirements for receiving benefits.
Hearing on Unemployment Appeals
The Pennsylvania DOLI will arrange a hearing before a U.C. referee after it receives your appeal. You will get a notice of hearing informing you of the date and location of the hearing, as well as whether it will be held in person or over the phone.
The referee will ask questions, analyze papers, and make a judgement on your appeal during the hearing. Your employer will very certainly be present at the hearing and may be represented by an attorney. You may also employ an attorney to defend you.
Evidence to Present in Unemployment Hearings
You should be prepared to submit all proof demonstrating that you were entitled to unemployment benefits. If there is a disagreement over why you were dismissed, for example, you should present any documentation you have that prove you were not fired for misbehavior, such as a separation notification saying you were laid off due to a lack of employment. You may also wish to offer witnesses who can back up your tale, such as a colleague who was laid off at the same time as you and received the same information. The hearing notice will describe how to provide the referee copies of your papers.
Make sure you get for the hearing on time, with your papers and any witnesses you want to present. Make sure to attentively and carefully answer all of the referee’s questions. You may examine your employer’s witnesses, and your employer (or its agent) may question you and your witnesses. After all of the evidence has been heard, you will have the opportunity to make a closing argument. Make a list of all the reasons you feel you are eligible to benefits.
The Decision on the Appeal
The referee will transmit a written ruling to the parties after the hearing. You are not required to do anything else if your appeal is successful.
If you lose your appeal, you have 15 days from the date of mailing to submit an appeal with the U.C. Board of Review. The record of the hearing before the referee will be reviewed by the Board. The Board may also remand the matter to the referee in order to acquire more evidence.
If you disagree with the decision of the Board of Review, you may ask it to reconsider. However, the Board usually only reconsiders earlier rulings in extreme cases. You may also file an appeal with the Commonwealth Court of Pennsylvania; directions for doing so will be provided in the Board’s ruling.
Following an Appeal of an Unemployment Denial
If you are thinking about filing an appeal, read the Unemployment Compensation Appeals Information brochure, which is accessible on the DOLI website. It discusses what to include in your appeal, what to anticipate during the hearing, and other topics.
You might also think about hiring an attorney to assist you with your appeal. Your employer may be represented by an attorney during the hearing. If this is the case, having a lawyer on your side will help you balance the odds. An attorney may examine witnesses, advise you on what evidence to gather, and give legal reasons as to why you should have received unemployment benefits.
However, you must decide if the expense of engaging an attorney is worth the advantages you may get. An attorney should be willing to meet with you for a brief consultation to assess your case, explain your odds of success on appeal, and discuss costs. If you have a good case and the costs are affordable, hiring a lawyer to represent you may make sense.