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
State/Country relating to question: Pennsylvania
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.
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:
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.
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.
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:
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.
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.
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
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.
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.
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