Login|Contact Us
Question and Answer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

RA - fvh

 
wallstreetfighter's Avatar
  • Answered by:wallstreetfighter
  • Employment Lawyer
  • Positive Feedback: 96.9 %
  • Accepted Answers: 4640
Verified Expert
in Employment Law

Recent Feedback

Positive
Very knowledgeable, and very prompt response.. Absolutely kind, since follow-up...
Positive
Was very helpful. Did more than answer my question and informed me of even more...
Positive
Since I was able to ask more questions that needed clarifying before I completed...
Positive
thanks
Positive
Fast to answer and helped me decide if I needed to get a meeting.
Positive
We had wondered if the employers decision to terminate me was not illegal. Once...
Positive
Type your review here...
Positive
Answered question promptly and in full detail! Thank You!
Positive
he was a big help

Customer Question

I have an unemployment hearing tomorrow. I quit due to being verbally abused. I am scared to death and need to know if there is any advice i should take with me tomorrow

 

Optional Information:
State/Country relating to question: Pennsylvania

Submitted: 272 days and 12 hours ago.
Category: Employment Law
Value: $48
Status: CLOSED
Picture
Expert:  wallstreetfighter replied 272 days and 12 hours ago.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

This is an unfortunate situation, in order to obtain Unemployment Benefits when you quit you would have to show good cause.

In your situation, you would have to show you faced an extreme harsh work environment, and that you complained to the employer and he did not stop.

If you have any written complaints, emails or witnesses to the Abuse that should be brought up as well.

Also, if you think the reason the employer treated you this way was due to your race, gender, age, disability etc., then you should mention it.

 

THE BELOW IS WHAT YOU SHOULD TAKE ALSO TO YOUR HEARING IT IS FROM A PA LAWYER.

 

http://www.paulgregorylang.com/?page_id=531

 

 

A Pennsylvania referee hearing is a much less stringent and informal “trial”, although there is still the ability to cross-exam sworn witnesses. You are able to present your argument, bring evidence and witnesses, and rebut your opponents presentation. The standard of proof in a hearing is a “preponderance of the evidence”, similar to regular civil proceedings. Evidence rules, that are normally very stringent in civil and criminal trials are somewhat relaxed. It is important, however, to have your attorney object to specific adverse evidence as if it were a trial in order to establish a record for appeal. For example, the hearsay objection may be modified, if not properly objected to, in a Pennsylvania referee hearing in order to corroborate a finding of fact.

At a Pennsylvania referee hearing, the referee seeks to evaluate the evidence and witness in the claim. The referee will determine the order and admission for the evidence that shall be presented. Remember: referees, on average, hear hundreds to thousands of cases a year and the individual attention you are provided is generally only at your particular hearing.

Appeal of Referee Decision

Again, you have 15 days to appeal a decision of the Referee within 15 days from the date the decision was mailed. The appeal must be specific in its grounds for appeal, not simply that you “disagree with the decision.”

The appeal goes to the Unemployment Compensation Board of Review (UCBR), which is comprised of 3 members. Although oral arguments are possible before the UCBR at their discretion, their caseload generally does not allow any oral arguments. The UCBR may review the appeal on the evidence provided at the Referee’s hearing or it may request additional information.

The UCBR may make take any of the following actions:

  • Remand the case for another hearing
  • Affirm, modify, or reverse the determination of the Referee

Appeal of the UCBR

An appeal of the UCBR’s decision is possible, but generally rare and is outside the scope of this guide. it is recommended that you contact a qualified Pennsylvania unemployment compensation attorney for more details. These next steps include an Appeal to the Commonwealth Court and a Petition for Allowance of Appeal to the Pennsylvania Supreme Court.

Telephone Hearing

Although the Commonwealth prefers an in-person hearing, you may have a telephone hearing by submitting a motion if you are over 50 miles from the place of the hearing or you have a “compelling problem” (i.e. health, transportation issues, etc.) that prevents you from attending. You are allowed representation of an attorney via telephone and you should receive instructions and rules regarding a telephone hearing.

Quitting/Voluntary Termination

If you voluntarily quit your job, you may still be able to file for unemployment. If you voluntarily quit your job for “good cause”, you should file for unemployment and/or fight an appeal. The burden of proof is on you, the claimant, to prove that you voluntarily quit for “good cause” and that the cause was real, substantial, and you had no other alternative. In general, a “good cause” Voluntary Termination must be supported by your notification of the issue to the employer, the following of their internal procedures for such problems, and affording the employer an opportunity to find alternative solutions. Examples of “good cause” may include:

 

 

Behavior of Other Employees:

  • If you are part of an unjust accusation or abusive conduct
  • If you are verbally abused or profanity is used towards you
  • If you are a victim of sexual or Racial Harassment
  • If you are discriminated against because of your age

Work Conditions:

  • If there has been a “substantial and unilateral change” in the terms and conditions (pay, benefits, Transfer to less skilled position, etc.) of your employment
  • If the work conditions are dangerous or you
wallstreetfighter41103.1488917477

Customer replied 272 days and 11 hours ago.

well i kind of knew most of what you told me, I am just concerned beacuse she is a dentist and they will believe her over me. She called me on the phone and was questioning me about something and i was trying to answer she told me to "knock the shit off" and hung up on me, i texted her that if i thought something was wrong at the office i would have called her or texted her she did not respond, i called the office back the receptionis answered and i asked did we get cut off the dr grabbed the phone and said the same thing "knock the shit off" and hung up on me. I called her on her cell phone she did not answer i told here was quitting and i was saddened to be another one of her victims. I stated i would drop the key off that day. Still having never spoken to here i went by the office to talk to her,and surprise there was the locksmith changing the locks. and the dr was not there. There was at that point no way to go back to the way it was she bascially shut me down and gave me no choice.

Picture
Expert:  wallstreetfighter replied 272 days and 11 hours ago.

Then you should also claim that she terminated you, and that you stated that you may quit, and she hung up on you and locked the doors. Or you can stick to your current argument that the conditions were so harsh that you had no choice, if she cursed at you then you should mention this, and any texts or emails should be brought up as well.

Also, print out the time of the phone call from your phone bill if possible to show the date and time the conversation took place as proof.

Customer replied 272 days and 11 hours ago.

I did say that i was not coming back to work there as I was unable to put up with the way she had cursed and spoken to me via a voicemail, do you think that i should use the fact that changing the locks and not being available for a meeting means that I was basically fired and I really did not quit, or should i go with the fact that she is verbally and mentally abusive not sure what to do i am losing my mind

Picture
Expert:  wallstreetfighter replied 272 days and 11 hours ago.

You may want to state that during the phone call she cursed at you and you stated that you may quit, and then she did not answer you and when you went to work the next day she changed the locks.

This may be a stronger case for unemployment benefits. You do have to tell the truth, so if she cursed at you over the phone and has treated you this way in the past, stick to that. Also, mention that the employer changed the locks on you as well.

Picture
Expert:  wallstreetfighter replied 272 days and 11 hours ago.

I understand you have given us a negative rating, I have provided the law in this case,

Be aware you will be under oath so you would have to tell the truth, in terms of obtaining unemployment benefits the best wat to win would be to state you never stated you would quit and the locks were changed the next day.

 
Tweet

11 Employment Lawyers are Online Right Now

Ask Your Question Now
Ask an Employment Lawyer
Type Your Employment Law Question Here...
characters left:

Top Employment Law Experts

See More Employment Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Employment Law

  • Employment Reference Check Laws
  • Paid Time Off Questions
  • On call Pay Questions
  • Medical Reimbursement Rules
  • Tuition Reimbursement
  • Reimbursement of Expenses
  • Job Transfer Laws
  • Workplace Retaliation Law
  • Telecommuting Laws
  • Voluntary Termination of Employment
All Employment Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
243 Employment Lawyers are Online Now
Type Your Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC