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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15963
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Hi, I worked in PA for 5.5 yrs, recently lost my job for what

Resolved Question:

Hi, I worked in PA for 5.5 yrs, recently lost my job for what the Co. termed "rule violation". I was denied unemployment under the PA rule 402(e). I appealed that decision and was deined. I can appeal again but I need advise. Can any one help me, please?

Thanks.
Edwin Alleyne
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

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

wallstreetfighter :

This is an unfortunate situation, in PA you can only be denied benefits, if your termination was due to employee misconduct,

wallstreetfighter :

which would be an intentional violation of a company rule,

wallstreetfighter :

What your defense has to be is to argue that

wallstreetfighter :

1. you did not violate the rule

wallstreetfighter :

2. You never were given notice of the rule,

wallstreetfighter :

3. The rule is insignificant, and was never enforced to all employees

wallstreetfighter :

4. The violation, even in known, did not cause any harm to the employer,

wallstreetfighter :

Section 402(e) is the section related to “willful misconduct.” Willful misconduct is not specifically defined, but courts have interpreted it to mean “an act of wanton or willful disregard of the employer’s interests, a deliberate violation of the employer’s rules, a disregard of the standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interests or of the employee’s duties and obligations to the employer.” Brady v. Unemployment Compensation Board of Review, 115 Pa. Commw. 221, 539 A.2d 936 (Pa. Cmwlth. 1988).


If your unemployment benefits were denied because of 402(e), you will have an opportunity to argue that the employer has not met their burden of establishing the existence of a rule or a violation of the rule. You could also argue that the employer has not met their burden of establishing that the violation was done willfully, knowingly, intentionally, or negligently. Furthermore, even if you do admit to knowingly violating the rule, you could even argue that you had good cause to violate the rule depending on your reasons for the violation.

Customer:

During the last appeal I addressed 1, 3 and 4, and was denied again.

wallstreetfighter :

you need to provide evidence to support this,

wallstreetfighter :

that may require witnesses,

wallstreetfighter :

co workers, emails or other evidence.

wallstreetfighter :

You may even want to start a defamation lawsuit against the employer,

wallstreetfighter :

which you claim the employer has made false statements about you,

wallstreetfighter :

and you have suffered damages due to this,

wallstreetfighter :

that is another option to argue your case, if the unemployment division do not take your appeal

Customer:

I dont have any emails, coworkers are still employed by co.

wallstreetfighter :

you may need an attorney to handle this matter for you, as an attorney can force the employees to come to a hearing or testify,

wallstreetfighter :

if you filed a lawsuit for defamation, you can have a court order,

wallstreetfighter :

forcing discovery, which means you can ask the employer to provide you all the information you need,

wallstreetfighter :

and can force co workers to testify under oath

Customer:

how do i obtain such services and at what cost?

wallstreetfighter :

You should contact a local litigation attorney through the county bar association,

wallstreetfighter :

it may cost you $1500 or more to start,

wallstreetfighter :

many times,

wallstreetfighter :

if you bring such a lawsuit, the employer may try to settle with you,

wallstreetfighter :

so you may be able to solve the matter, soon

Customer:

thanks.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

is it possible for you to email this conversation to me?

wallstreetfighter :

yes, once you provide feedback, the entire conversation will be sent to you

Customer:

thanks again

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15963
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and other Employment Law Specialists are ready to help you

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