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Employer lied to UC to prevent benefits!!!!!

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  • #16
    Termination and UC Benefits

    Unfortunately, Pa is one of those states that is very strict about collecting UC Benefits they give you a hard way to go sometimes even when you do qualify. Doesnt really make a difference whether you walked out or she let you go. If you walked out then its up to YOU to prove that you had a legitimate reason for quitting which according to UC laws they dont leave much room if any for justifiable reasons to quit your job. However, according to Pa law even if she had terminated you if she can prove that there was some misconduct on your part (especially if she can get a few people to testify coworkers, etc...) then more than likely you wont qualify. But the burden of proof is on her part. She has to show that what you did (something specific) how that had a negative impact on the employer’s interests. *see excerpt from pa uc benefits qualifications booklet


    DISCHARGE


    *Section 402(e) provides that an individual who is discharged from employment for reasons that are considered to be willful misconduct connected with his/her work, is not eligible to receive benefits. The employer must show that the employe's actions rose to the level of willful misconduct.

    "Willful misconduct" is considered an act of wanton or willful disregard of the employer's interests, the deliberate violation of rules, the disregard of standards of behavior which an employer can rightfully expect from an employe, or negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employe's duties and obligations. While it is the employer's prerogative to discharge an employe, an employe is not ineligible for UC benefits unless the discharge is due to willful misconduct.

    Attitude toward employer or disruptive influence - Disregard of standards of behavior which an employer can rightfully expect from his/her employe constitutes willful misconduct. However, where a claimant is discharged due to his/her attitude toward the employer or due to being a disruptive influence, the employer must show specific conduct adverse to the employer’s interests.

    for more info click here:
    http://www.dli.state.pa.us/landi/cwp...a=152&q=206174

    Hope this helps!!!

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