Misconduct At Work
There are two types of stories from people terminated for willful misconduct at work. First, is that the employer is either misinformed, exaggerating, or lying. The second is that the Claimant did what was alleged and that it was either not that serious, other people did the same or similar and were not punished, or that what was done can not be proved.
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Misconduct At Work | Misinformed / Exaggerating
Very often the alleged misconduct at work is the product of “hearsay” that eventually reaches the boss or HR department. In essence, the misconduct at work was done away from the person who makes the decision to terminate. Simply put, the employer has only had half the story or simply doesn’t believe your version. That is absolutely fine for the purposes of winning unemployment. That is because during the hearing our unemployment lawyers will downplay the event and use the law and interpreting cases to demonstrate that the less significant event, while true, does not disqualify a person from unemployment.
Misconduct At Work | Not That Serious
The main goal of defending a willful misconduct at work case to recast the incident as “less serious.” The best way for us to do that, aside from drawing out good direct testimony and an aggressive cross examination, is to compare it to cases in the past. For example, if a prior court held that incident X was not misconduct at work, then clearly we want to show that your case closely tracks those facts and logic. It’s just reality that the judge or “Referee” will not do the research and has to have it literally placed in front of them. Without hiring a good lawyer it is unlikely you will be able to accomplish this task.
Misconduct At Work | Other People Did It
“Unequal discipline” at work will result in the Claimant being eligible for unemployment benefits. This is deceivingly easy. Even minor differences in the comparison can sink your case. Further, employers often obfuscate the issue by saying it’s investigation. There are lots of tricks they can use, but consider how you would respond? If they said another employee, who did the same thing and was not fired, was “under investigation pending termination.” If you can’t rebut that, you just lost your case.
Misconduct At Work | The Employer Has To Prove It
While a Claimant may be the most nervous fighting a “prove it” case, the employer has the burden of proving misconduct at work. It is not uncommon for an employer to walk into a hearing evidence that is inadmissible. Shockingly, since they can not introduce documents or testimony. We have walked into hearings where the employer was not allowed to say a word. Even if we were ineligible, the employer just didn’t prove misconduct at work.
Haven’t appealed yet? Visit the website of the Pennsylvania Department of Labor and Industry to find out more and to file an initial claim form. Many people need the help of an unemployment attorney for the appeal as well. Call KM&A today at (412) 626-5626 or email us at firstname.lastname@example.org