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Entitled to unemployment? Pennsylvania

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  • Entitled to unemployment? Pennsylvania

    My husband was recently fired from a position as an x-ray tech because he failed to notice an enlarged heart on a patient's film and to communicate this to the radiologist (he was written up twice previously for totally unrelated incidents.) His argument was that he is only a technician, NOT a radiologist. He was initially granted unemployment benefits, but his employer appealed and won (the referee concluded willful misconduct). He has filed an appeal to the Board of Reviews. Any thoughts on his chances?

  • #2
    Not good ... sorry to be blunt, but this is the case.

    The BOR will review the decision of the Referee, but will not overturn or even remand unless he can demonstrate that the decision is based on an error of law of fact. Moreover, unless there are exigent circumstances, he will not be allowed to offer new evidence.

    Based on your post, the evidence at the hearing demonstrated that he failed to notify the doctor of a serious matter and he received previous disciplinary action for unrelated matters. Clearly, there are some things missing, but I think there could have been an argument made that your husband made a mistake and was unaware his job was in jeopardy. It is why I always encourage all parties to retain counsel ... he would have benefited from it.

    If he wishes to file an appeal/brief he should consult counsel.

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