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Am I eligible to receive unemployment in Pennsylvania if I…

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Am I eligible to receive...
Am I eligible to receive unemployment in Pennsylvania if I was terminated after 10-years at my former place of business for poor performance?
Submitted: 2 years ago.Category: Employment Law
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Answered in 7 minutes by:
3/9/2016
Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,827
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. First, it is important to know that no one, other than the UI Commission, can tell you if you are eligible for UI benefits, and then only after they have all the specific detailed facts of your case from both you and your former employer. However, I can tell you what the law is in terms of eligibility and what might happen and then what your options are.

Assuming a claimant has enough earnings in a base year, which you would have based on the length of time you have worked for this employer, then as long as they were terminated through no fault of their own, they are eligible for benefits. This also assumes they are able and available to accept employment. The issue then revolves around whether your "poor performance" was not due to your own fault.

The State will look at whether or not you intentionally, or through gross negligence (not just simple negligence) failed to perform your duties properly. Initially, if your employer disputes your eligibility, the State may deny you UI benefits. However, you should file an appeal if there is a denial. At the appeals hearing, which is an administrative fact finding hearing run by an Administrative Law Judge, your former employer has the burden of proof to show, what I mentioned above, that you intentionally or through gross negligence didn't perform your job correctly. You will have an opportunity to testify as well. If the employer doesn't carry their burden, then you will be awarded benefits.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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.

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