What Is The Erie Unemployment Appeals Process?
The Erie unemployment appeals process offers a couple of different routes. Depending on your eligibility for unemployment benefits, the process will be different. A couple of key tips for maneuvering the Erie unemployment appeals process is to be timely, follow instructions, and be professional.
Step 1: First Appeal To The Referee
If eligible for unemployment compensation
After your initial application for unemployment benefits, you will receive a Notice of Determination by the Pennsylvania Office of UC Benefits which will inform you if you were deemed eligible or ineligible for unemployment benefits. If eligible, you request to receive unemployment compensation. However, your former employer sometimes chooses to appeal the determination. In which case, a Notice of Hearing informs you of your employer’s actions. The Notice of Hearing provides significant information about what issues are going to be considered, time and location of the hearing, and further instructions.
If ineligible for unemployment compensation
If ineligible, your Notice of Determination includes crucial information on how to enter the Erie Unemployment Appeals Process. Other than the actual determination, take note of the last day to appeal the decision. Most of all, file your appeal by this date; otherwise, filing after this expiration date will create an unnecessary hurtle in requesting your unemployment appeal. To appeal, we recommend using the forms provided by the PA Department of Labor and Industry and submit by two methods, preferably by fax and email, to preserve a record of submission. You will then receive your Notice of Hearing, which will provide the details on your hearing.
Hearing: The Referee
At the hearing, both you and your employer present your cases to the Referee. Although an attorney is not necessary, an employment attorney helps you introduce your case in the strongest manner possible, while weakening the other side’s position. When the Referee has come to a conclusion, the Referee issues a Decision/Order. Although this form appears very complex, the Referee’s ruling follows the “Order.” Furthermore, either party may appeal the Referee’s ruling.
Step 2: Appeal to the Unemployment Compensation Board of Review
The date for filing the appeal, 15 days after the date mailed, is listed on the Referee’s Decision/Order. When appealing the Referee’s determination, your case goes to the Unemployment Compensation Board of Review. Forms for this process again can be found on the PA Department of Labor and Industry website. Similar to the first appeal, we recommend submitting by two traceable formats, such as fax and email, to ensure your appeal is received and not deemed untimely.
Hearing: Unemployment Compensation Board of Review
At the Unemployment Compensation Board of Review stage of the Erie unemployment appeals process, you will not be allowed to introduce additional evidence for your case. In fact, you will need to assert that the referee made the wrong decision. However, this appeal cannot simply assert that the Referee made the wrong choice, but that the Referee was wrong as a matter of law.
For this part of the Erie unemployment appeals process, an Erie unemployment attorney will understand the legal argument that needs to be made and be able to clearly articulate the legal reason why the determination was wrong as a matter of law. Consequently, the UCBR expects your lawyer to present a written brief with examples of case law alongside complex legal argument. This part of the Erie unemployment appeals process is very difficult without an unemployment attorney on your side.
Step 3: Reconsider or File
If your appeal to the Unemployment Compensation Board of Review is denied, you have two choices on how to proceed.
Request Review and Reconsideration
First, you are allowed to request a review and a reconsideration of the determination from the Unemployment Compensation Board of Review. This is subject to the standard time limit of 15 days. After receiving the request for review, the Board of Review will, once again, review your case to determine if the Referee’s decision was correct as a matter of law.
File Petition for Review
Second, you may also file Petition for Review with the Commonwealth Court, within 30 days of the initial Board of Review determination. This will require the Commonwealth Court to review and rule on the merits of the case.
Regardless of the stage of the Erie unemployment appeals process, the court dictates certain requirements from you, and your early actions can weaken or damage any chance to appeal. Contact an unemployment attorney to help you through the complex Erie unemployment appeals process.