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Legal Q & A – Unemployment Compensation

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I JUST RECEIVED A DECISION THAT A FORMER EMPLOYEE OF MINE WAS FOUND ELIGIBLE FOR UNEMPLOYMENT COMPENSATION (UC) BENEFITS. CAN I APPEAL THIS?

Absolutely. If you feel that the former employee was wrongly found eligible for UC benefits, you can and should appeal. There are three levels of UC eligibility appeals: 1) UC Service Center Determination Appeal to a UC Referee; 2) UC Referee Decision Appeal to the UC Board of Review; and, 3) UC Board of Review Decision Appeal to the Commonwealth Court.

MY HR MANAGER WILL BE REPRESENTING OUR COMPANY AT A UC HEARING NEXT MONTH. SHOULD HE BRING ANY DOCUMENTATION WITH HIM?

Yes, he should bring any documentation that you feel is relevant to the case. A helpful tip is to take three copies of all of your relevant documents to the hearing in case he will need to give copies to the hearing officer and/or the claimant and still have one for himself. He should do this even though you typically have to send the documents in advance.

Documents that are commonly relevant for employers to bring to a hearing are pertinent written standards of performance and policies, employee signed acknowledgement of the standards, and any warnings that were given. Depending on the case, other documents may be necessary.

WHAT ARE THE UC RESPONSIBILITIES OF PA EMPLOYERS?

According to the Pennsylvania Department of Labor & Industry, employers who pay wages for employment covered under the UC Law are required to: register with the Department of Labor & Industry; maintain certain employment records; file quarterly reports of wages paid and contributions due; pay the employer contributions due on such quarterly reports; and withhold and remit any employee contributions due on such quarterly reports for quarters during which employee contributions are in effect; and, respond timely and adequately to the department’s request for information regarding an individual’s eligibility for compensation.

Tammy Lamary-Toman is the employment law counsel for the Manufacturer & Business Association. For more information, contact her at 814/833-3200, 800/815-2660 or tlamary@mbausa.org.