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PA Unemployment Compensation Appeal Hearing - Burden of Proof for Willful Misconduct
Anonymous4 views2 answers
I am appealing an unemployment compensation determination. I was laid off from my job without notice. I never once was disciplined while on the job, nor did I have any performance issues while on the job. My employer, however, is contending that they let me go for "willful misconduct." I just received my notice of determination that PA is siding with my employer, so I plan to appeal this decision since this is not what happened. My understanding is that the burden of proof is on the employer to establish "willful misconduct." If the employer has absolutely no written disciplinary file on me proving any such misconduct, doesn't this fail the test on the employer for the burden of proof? Wouldn't I have been required to sign documentation of disciplinary action at the time?
You are correct that the burden is on the employer. Make sure you arrive early for your hearing because you may look at your file. The employer's submission will be in the file and you can see what information they provided to UC. Depending on your employer's disciplinary policies, your file may contain records of "oral counseling" which do not have to be signed by the employee. I would bring to the hearing copies of everything you received from the employer, including any performance evaluations, letters, memos, etc. Also, do you have a witness that could testify to your job performance? Did the employer provide you with anything writing when they laid you off? Do you know whether the employer laid off any other employees?
I wish you the best of luck.
Terence Sean McGrawWorkers' Compensation LawyerBlue Bell, PA ·
The determination that you received denying your claim should have included some information about precisely what conduct your employer claimed as wilful misconduct. Without some idea about the conduct alleged, it is hard to comment other than in general terms.
1) The employer has the burden of proving wilful misconduct. Presentation of written disciplinary materials can help an employer meet that burden. Such documentation is not required and, quite often, the case is decided based on testimony alone.
2) Hearsay evidence is not enough to prove wilful misconduct. Findings of fact in an unemployment compensation decision must be supported by evidence other than uncorroborated hearsay. That means your employer must bring first hand witnesses of your alleged conduct to the hearing. A HR manager or superviosr who only knows about the alleged conduct through the reports of others cannot satisfy the employer's burden of proof. This concept is known as the "Walker Rule."
3) Many payroll companies provide UC claim management as part of their services. The decision whether to appeal claims and the information transmitted to the UC Bureau orginate from these organizations in many instances and, often, have little relationship to the truth.
4) Contact the Referee's office and request permission to review the file before the day of the hearing. Otherwise, go to the hearing site early so you can look at the file and learn more about what your employer will argue.
5) Consider taking a witness if you have anyone that is willing to corroborate your effectiveness as an employee.
6) Strongly consider hiring an attonrey to assist you. Given how long claims are lasting in this diffiuclt economy, your claim is worth alot of money. The UC law indicates that a lawyer's fee should not exceed 10% of the value of your claim. Some lawyers will charge you far less than that.
