Sep 9

Unemployment Compensation Claimant Advice: The Most Important Aspect of Winning Your Unemployment Compensation Hearing

Who ever said (in reference to meeting life’s challenges), “Showing up is half the battle” must have been familiar with the unemployment compensation process.

Potential clients frequently ask me to assess the strength of their willful misconduct case. Unfortunately, some who ask are not entitled to benefits.

If a potential client is not likely to win his case- even with my help, I give him one piece of free legal advice: SHOW UP TO YOUR HEARING!

This is because in Philadelphia, Montgomery County, Bucks County, Delaware County, and Chester County, the employer has the burden of proving that the former employee committed the act of willful misconduct.

If you show up to the hearing and your former employer does not, your former employer will be unable to prove its case against you. Meaning, you may win automatically!

Don’t think that this is a rare occurrence. My experience has shown that 1 out of 5 employers do not show up to the hearing. When that happens, I get my clients a favorable determination within 10 minutes.

Stay tuned for a future blogs where I will tell you how to anticipate whether your former employer will actually show up to the hearing and what to do if your former employer doesn’t show up to the hearing.

  1. Steven Auerbach 16 Sep 2013 | reply

    As a postscript to the above:
    Two weeks ago, a Philadelphia claimant called me to ask about his case. He was facing a hearing where were he to lose, he would likely be forced to repay over $10,000 in previously paid, undeserved benefits.
    The facts as they were related to me, made it clear that the Claimant was ineligible for benefits and that he was almost assuredly going to lose his hearing.
    After breaking the bad news, I told him to show up to his hearing. After all, in a Philadelphia unemployment compensation hearing, if the employer doesn’t show up- the Claimant may win by default.
    Surprise, surprise the employer didn’t show and this man won his hearing.

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