The Essentials

How can I contact Steven Auerbach and his team?

You can email us here or call us at 215-225-0837.
Our office is located at: 101 Montgomery Ave.
Bala Cynwyd, PA 19004

Where do I file an unemployment compensation claim?

Claims can be filed in English or Spanish online here or over the phone at 1-888-313-7284 (TTY 1-888-334-4046). Alternatively, you can file claims in person at a local unemployment compensation office. You will need to use the paper form available here.

How much can I get in compensation?

Benefits vary from person to person depending on how long you worked for and what your base salary was while working. Benefit amounts are calculated by law and are set by the unemployment compensation office in accordance with the legal requirements.

If I lose an appeal, do I have to repay benefits I’ve already received?

It depends on the situation. In cases of fraud, employees will need to repay all or a portion of received benefits. If there was an overpayment that was not caused by fraud, the unemployment office will usually withhold future compensation benefits in the amount that was overpaid in a process known as “recoupment.”

When should a Philadelphia unemployment compensation claim be filed?

All claims should be filed as soon as possible. Only after a claim has been filed will you be eligible for benefits, and the process of calculating those benefits can take several weeks. The longer you take to file, the longer it will take for you to receive compensation.

Will there be a hearing?

If your claim has been denied or you have received a “Notice of Determination” that states you will not receive some or all of the benefits that you may be entitled to, you can file an appeal and have the case heard by a “Referee,” who will be a judge assigned to hear your case.

Who will be there?

Both the employer and employee and their legal representatives have the right to attend the hearing and make their cases before the Referee. Typically employers are represented by a Philadelphia unemployment compensation lawyer or attorney.

Do employers need a lawyer to represent the company at a hearing?

Hiring a lawyer is not required, but it is advisable that a knowledgeable unemployment compensation specialist represents your company. Unemployment compensation hearings are structured very differently from other types of cases and the rules of evidence are strict in such cases. A Philadelphia unemployment compensation lawyer with specialist knowledge can ensure that the best proper evidence is presented in the most forceful and convincing way to the Referee.

Be advised that appeals often do not allow for appellants to make further testimony, so a bad record of evidence in your first hearing will haunt you when it comes time to appeal the case.

Is the Unemployment Compensation Referee’s decision final?

Both claimant and employer can file an appeal if they lose the case. Usually, appeals involve three members of the Unemployment Compensation Board of Review, who will look at the evidence presented in the hearing to make a decision. Often, no additional evidence is heard in an appeal.

How many appeals can I make?

There are usually three levels of appeals available: firstly, to the Referee, secondly, to the Unemployment Compensation Board of Review, and, finally, to the Commonwealth Court. Beyond that, it is possible to appeal to the Supreme Court of Pennsylvania.

Can I still get compensation even if I quit my job or I was laid off due to restructuring?

In some situations, employees who voluntarily quit their job can still quality for unemployment compensation. However, if you have quit your job you will have the legal burden to establish a “necessitous and compelling” reason for leaving. This involves proving that the employee took reasonable steps to resolve whatever issue caused them to quit before actually leaving the job. It is advisable that you consult with an attorney before quitting your job to determine how it will impact your eligibility for unemployment compensation.

Do I need to report to the Department of Labor’s Unemployment Compensation Office?

If you are eligible for benefits, you will need to file for biweekly claims with the Unemployment Compensation Service Center. If you are not receiving benefits but you have filed an appeal, you will still need to file. If you win your appeal, you will receive payment for the weeks when you were reporting to the service center.