Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the other attorneys are correct, you can appeal. However, appealing doesn�t mean you automatically win and you should speak with an attorney who can give you the best determination based on the facts of your case. In a discharge for willful misconduct, it is the employer�s burden to show that there was willful misconduct which doesn�t have a set definition but is a breaking of the rules or policies of employment or anything which can cause harm to the employer that you did. If the employer can prove that you did do something and it could be considered willful misconduct, then the burden switches to you to prove that you had a legitimate reason for doing what you did. Once those two burdens are shown or not shown, the referee will determine whether you should receive unemployment compensation or not. At the same time, the referee will determine, as they do at all hearings, whether you left your employment position for necessitous reasons and whether you are still able and available for employment.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
www.ezoldlaw.com
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the other attorneys are correct, you can appeal. However, appealing doesn�t mean you automatically win and you should speak with an attorney who can give you the best determination based on the facts of your case. In a discharge for willful misconduct, it is the employer�s burden to show that there was willful misconduct which doesn�t have a set definition but is a breaking of the rules or policies of employment or anything which can cause harm to the employer that you did. If the employer can prove that you did do something and it could be considered willful misconduct, then the burden switches to you to prove that you had a legitimate reason for doing what you did. Once those two burdens are shown or not shown, the referee will determine whether you should receive unemployment compensation or not. At the same time, the referee will determine, as they do at all hearings, whether you left your employment position for necessitous reasons and whether you are still able and available for employment.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
www.ezoldlaw.com
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the other attorneys are correct, you can appeal. However, appealing doesn�t mean you automatically win and you should speak with an attorney who can give you the best determination based on the facts of your case. In a discharge for willful misconduct, it is the employer�s burden to show that there was willful misconduct which doesn�t have a set definition but is a breaking of the rules or policies of employment or anything which can cause harm to the employer that you did. If the employer can prove that you did do something and it could be considered willful misconduct, then the burden switches to you to prove that you had a legitimate reason for doing what you did. Once those two burdens are shown or not shown, the referee will determine whether you should receive unemployment compensation or not. At the same time, the referee will determine, as they do at all hearings, whether you left your employment position for necessitous reasons and whether you are still able and available for employment.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
www.ezoldlaw.com
