Unemployment Lawyers in Montrose
If an employee lost his job, and there is no source of his/her income, then he/she can apply for unemployment benefits. He/she just need a professional and experienced attorney. An experienced lawyer is familiar with all issues which can occur during the court process, and he/she will guide his/her client in dealing with this issue. So it is highly required to hire an Unemployment attorney for this issue.
Do you need the help of an unemployment lawyer?
At a hearing, after you are sworn in, you are essentially telling: “present your defense.” Without an unemployment legal counselor, you should convey an hour’s discourse that hits the right legitimate points, submit shreds of evidence, you are allowed to makes and justify evidential complaints, and abstains from putting forth any terribly ruinous explanations. Unrepresented parties regularly are liable to the arbitrators addressing them as though it was an interrogation. This is a scary incident.
If you have a professional and experienced lawyer with you, he/she will guide you how to narrate your words while presenting yourself in front of the judge which will make difficult for the employer to defeat you. He/she also assists you for the answers to be made during the questioning.
An Attorney will help you in all respects and take care of that you couldn’t make a nonsense point that will destroy your own case. As your whole family employment will be only by this case, so you have to think like a genius and hire an experienced professional for your case.
It may be the first time you are facing all this, but for an unemployment lawyer, it is a routine. So if you want to hire an unemployment lawyer, Our lawyer is the best choice you should make. We are very attentive and experienced in these cases.
What are the top reasons people seek unemployment benefits?
- You were fired off due to lack of work
- You were fired without any good reason
- You want to quit your job for a reason
- You want to leave your job for a personal reason
- You were fired, but you didn’t do anything wrong
- You were Harassed
- You were fired for any discrimination
- You are pressurized to leave your job
- You were told that you will get your unemployment benefits
If there is any reason you are facing the problem our lawyer is always ready to help you. We are helping a lot of employees to get their unemployment benefits from many years.
What type of help do you need? If you are not sure, call (570)-731-3000
Q & A Unemployment Benefits
Has your employer appealed your Pennsylvania unemployment benefits?
To avoid losing your hearing, you want an unemployment lawyer with a strong understanding of the legal issues, the ability to clearly articulate and advocate your case, and the knowledge to prevent the experienced employer from taking control at the hearing.
Perhaps you heard through your friends at work that your employer is going to appear at the unemployment compensation appeal hearing. This most often means that your employer is going to appeal your unemployment claim with an unemployment compensation attorney. Your employer will present a binder of reasons, documents, and witness statements only telling its side of the story. The employer’s unemployment lawyer is experienced and will take advantage of recently terminated employees when they are most vulnerable. In fact, many employers routinely petition to appeal unemployment benefits as a matter of practice. When your employer appeals unemployment compensation benefits, you need to be ready for them to come out swinging.
Has your employer or notice of determination referred to your termination as “willful misconduct?”
You can usually collect unemployment benefits after your employment has been terminated unless you were fired for willful misconduct. Willful misconduct includes serious offenses such as:
- Drug or alcohol use
- Illegal activities
- Other major infractions
However, many employers try to categorize relatively small incidents as “willful misconduct” in order to deny your unemployment compensation benefits. You need to be ready to fight this strategy. Under the “willful misconduct” standard, even an under performing and accident-prone employee is still entitled to benefits, since his or her inability to perform the job does not fall under willful misconduct. Pennsylvania unemployment law includes volumes of case law interpreting exactly what willful misconduct is and isn’t.
Has your employer, an unemployment lawyer, or you notice of determination referred to your termination as “voluntary quit?”
Steve Franko hears questions about “voluntary quits” and eligibility for benefits. Generally, you must prove that you acted with ordinary common sense in quitting and made a reasonable effort to preserve your job. Once the employee has informed the employer of the problem, the burden shifts to the employer to offer suitable accommodation.
For example, if you had a good reason, like a medical condition, and informed your employer of the need for accommodation that was never granted, you may have a strong case. If an employee resigns to avoid certain discharge, eligibility for benefits will be determined under the willful misconduct provisions of the law rather than under the voluntary quit provisions. Since there is often not a standard, you need to discuss the specifics of your case with an experienced unemployment attorney. We will only take your case after we evaluate the strengths and weaknesses of your case.
What is the risk of losing your unemployment appeal hearing?
It may help to see the investment in an unemployment attorney using a cost-benefit analysis. The money spent now protects dozens of weeks when you can collect hundreds of dollars per week. Considering all the weeks of unemployment benefits against the cost of an unemployment lawyer, hiring the best legal counsel makes sense. Even if you are only collecting benefits for 10 short weeks, having an unemployment attorney on your side can protect your 10:1 payoff. We believe that no employee should ever fight an employment compensation appeal without an unemployment practitioner. An unemployment appeals lawyer’s importance cannot be overstated.
What’s the deadline for appealing the denial of your unemployment benefits?
The statute of limitations period on unemployment benefits is very strict. You generally have 15 days. Experience is key, and an unemployment attorney can help ensure that you maintain your right to appeal.
What happens if you didn’t have an unemployment attorney at your Pennsylvania unemployment compensation hearing?
Clients in this situation are often at an insurmountable disadvantage compared to their former employer. Once the record is made during the hearing, the UCBR is bound by the evidence as admitted at the hearing. Therefore, the UCBR may see bad evidence that should have been objected to in the first place.
For example, a common situation at an unemployment compensation appeal hearing is that the employee and the employer’s Human Resources Representative attends the hearing. The employee, anxious and unprepared for what is to come without an unemployment attorney on their side, states their case which often amounts to “I didn’t do that,” or “it really wasn’t that bad,” or “yes I did that, but what was I supposed to do?” The employer’s HR representative then counters with witness statements, investigation reports, and other surprise evidence against the employee. The shocked employee may wonder, “how could these people say these things after I worked there all these years?” or “I can’t believe the HR person I knew all the years attacked me like that!” And all those things stated by the HR representative, all those witness statements, and any other documentation–if there is not a proper objection–will all be set in the record.
When you then try to appeal your claim to the UCBR, even the best unemployment attorney may not be able to salvage your case. The unemployment compensation hearing record is very difficult to change after the hearing. So you essentially have one good shot to get the best evidence on the record and one shot to keep the employer’s best evidence out of the record.
Why do employers fight unemployment compensation benefits?
Although the employer doesn’t pay the unemployment benefits directly to the claimant, successful claims mean that the employer will pay a higher premium. Simply put, it makes financial sense for employers to oppose your benefits. And if you show up to the hearing without representation, that makes the employer’s case all the more easily won.
Employers know that when employees quit or are terminated for willful misconduct, they are usually ineligible for benefits. They will go to the unemployment compensation appeal hearing and do everything in their power to say that you quit or engaged in willful misconduct. Sometimes, that even includes false allegations and fabricated evidence. Without the right legal arguments and objections, you may lose your appeal and your benefits. Unemployment lawyers that represent employers generally recommend that they fight unemployment benefits when they are able.
File for unemployment first.
If you have not filed an initial claim, please visit the website of the Pennsylvania Department of Labor and Industry to file an initial claim. If your claim is denied, you should call an unemployment lawyer right away. Pennsylvania unemployment lawyers represent clients across the state. Our PA unemployment lawyers are available immediately if you need help.