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Unemployment --Who represents employer--supervisor or HR Director? Pennsylvania

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  • Unemployment --Who represents employer--supervisor or HR Director? Pennsylvania

    Former employer (Human Resources director) doesn't oppose Unemployment Claim--says it's not insubordination, just unfortunate situation, but former manager says differently. Who has standing?

    here goes:

    mgr asked me question I found invasive, i did answer, we got into argument--no shouting, no foul language, she sent me home then fired me over the phone with 2 weeks severance. I just said "Thank you," and hung up. I called our director of HR. She said they wouldn't fight my UC claim.

    Didn't get a reason for firing for 10 days and that's only because I called my mgr to get it. She still hadn't submitted anything to human resources even after I spoke to her. Finally filed claim 10 days after firing. Recvd letters with PIN and Financial Determination (which i thought was end of it).

    I got a call from an Unemployment rep who didn't tell me why he called. He didn’t say it was for further determination. Just asked me a specific question from my claim filing. He asked me did I comply, I did. I gave him the short of it like above. Didn't know this was for some further determination. Didn't know this was something ongoing. He asked a couple of other questions about type of work and salary and school. That was it.

    Got letter denying my claim with list of what mgr told them. Two issues they could not get information on were why i thought she was out of line-- they didn't ask me. Also, part of the sequence of events is either a mistake or a lie. But i lean toward lie because it's the complete opposite of what EVERYBODY (including my former mgr) says about me (they can't hear me--low talker). She said I got loud and that's why we went outside--that's not the case. I never said a word to her except "Of, course," when she asked me to go outside. That's all.

    At some point I was not going to be with the company anyway. I had not been at all happy with the position since I got it in March--because of the mgr. In her department of 4 people, this mgr has lost 3 people (incl myself) in 10 months.

    Anyway, I hand-delivered my appeal this morning and am waiting for a hearing. i called HR and she said I wasn't insubordinate, it was just an unfortunate situation, and they still had no objection. HR Director is the authority on company policy, but WHO represents the "employer" in these matters: my manager or the Human Resources Director? She says when she receives the notice for hearing she’s going to call and tell them that employer has no objections, that it’s not insubordination (misconduct). But how much will that matter now?
    Last edited by kaya; 11-15-2006, 12:55 AM.

  • #2
    Anyone can "represent" the company so long as he/she is an employee.

    Whether or not the employer has no objections is immaterial. The determination stands and must be overturned by an Appeals Referee. Therefore, whether or not the employer appears at the hearing is entirely relevant. You were discharged, therefore the burden of proof still lies with the employer regardless of the fact that you received an initial disqualification. If they fail to show, then the will offer no testimony and/or evidence of willful misconduct. Rather, your first-hand, sworn testimony will be the sole basis on which the Referee can make a decision. And, you do not have to "prove" anything.


    • #3
      Got it. Good to know. Thank you VERY much.