info@BrianPKirbyLaw.com | 171 W Lancaster Avenue, Paoli, PA 19301
 
 

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Attorney in Paoli, Pennsylvania

Losing an unemployment insurance claim can cost an employer thousands of dollars in increased unemployment insurance taxes and can cause a claimant to lose much needed benefits. While working for more than 20 years with Pennsylvania labor laws, Brian P. Kirby Attorney At Law has observed employers and claimants making simple mistakes during unemployment insurance claim hearings that ultimately resulted in them losing their cases.

Although Mr. Kirby cannot guarantee a certain outcome, he can offer valuable experience that will help you avoid such mistakes and potentially increase your chances of a successful outcome.

What is unemployment insurance?

Unemployment insurance is a program that provides workers who lost their jobs with weekly incomes during times of unemployment. The program is run and funded by both state and federal taxes and paid by employers.

Who is eligible for unemployment insurance?

Once a worker is no longer performing personal services for pay and a "work separation" has taken place, the worker is free to file an initial claim for unemployment benefits. Workers need to meet certain requirements in order to receive unemployment insurance benefits.

What happens after a claim has been filed?

Once a claim has been filed, the state's labor agency determines if an employee is eligible to receive unemployment benefits. To qualify for unemployment insurance benefits, a worker must:
An employer can try to stop a former employee from receiving unemployment insurance by showing that the employee should be disqualified from such eligibility. The employer will most likely prevail if it can be shown that at least one of the non-exhaustive following circumstances applies to the termination of employment:
 
  • Have Worked a Certain Number of Weeks during the Year
  • Have Earned a Certain Amount of Money in the Past Year
 
  • Be Actively Looking for Work
  • Be Unemployed through No Fault of His or Her Own
 

Defending against Unemployment Claims

An employer can try to stop a former employee from receiving unemployment insurance by showing that the employee should be disqualified from such eligibility. The employer will most likely prevail if it can be shown that at least one of the non-exhaustive following circumstances applies to the termination of employment:
 
  • The Employee Voluntarily Leaves Employment without Good Cause
  • The Employee Was Involved in a Physical Altercation
  • Violations of an Employer's Drug-Free Workplace Policy
 
  • Excessive Absenteeism or Tardiness
  • Intentional & Material Falsification of Employee Records
 
Count on Brian P. Kirby Attorney At Law in Paoli, Pennsylvania, to provide the best legal services in the area.