Employment Litigation
At Pometto Law we help people applying for unemployment benefits get the compensation they deserve. Primarily, we will help you appeal a denial of unemployment benefits. However, we are also ready to assist you in the application process and through every step of the appeals process if you were denied. We offer help for all aspects of employment law. In addition we will defend workplace discrimination cases that may lead to wrongful termination.
Some of the common reasons for a denial of benefits are: willful misconduct, voluntary quit, engaging in self-employment, overpayments or misclassification. If you were denied for any of these issues, we can help. Our attorneys have won unemployment appeals on all of the issues listed above.
Review the steps below and if you require assistance with any of those phases of the process, give us a call now. We have attorneys standing by to assist you in getting the UNEMPLOYMENT BENEFITS that you and your family deserve.
Step 1. Filing for Unemployment BenefitsSubmitting your application for benefits is the first step. If you have been fired, separated, laid off, or even quit, you may have grounds to receive unemployment benefits. Unemployment will mail you two notices after you have filed for benefits and they will inform you of a grant or denial of benefits.
- Have you submitted your application?
- After submitting your application, have you received your two determination notices in the mail?
- Does either notice say that you have been denied benefits?
We can help you fill out your application for benefits to maximize your chances of receiving benefits. If your benefits have already been denied; you can appeal and fight the denial.
Step 2. Appealing Your Initial DenialThe Unemployment Service Center may deny you benefits for a variety of reasons. Listed below are a few of the most common reasons for denial:
- Willful misconduct?
- Voluntary quit?
- Engaging in self-employment?
- Overpayment?
- Misclassification?
If you have been denied benefits for any reason, you may have grounds to appeal your denial. We can help you file your appeal and represent you at the hearing that follows.
Step 3. Attending Your HearingAfter you have appealed your denial, the Unemployment Service Center will schedule a hearing. This hearing is extremely important because it will be your only opportunity to present testimony and evidence to support your case. Representation at this stage can be crucial to success.
- Do you have a hearing already scheduled?
- Have you already lost your hearing?
We can represent you at your hearing and help you present evidence and a legal argument that will maximize your chances for winning benefits. However, if you have already attended and lost your hearing, you still have a chance to win. You can appeal to the Unemployment Compensation Board of Appeals?
Step 4. Appealing to the UC Board of AppealsAt this stage you have already lost your unemployment hearing, but you can still appeal and win your case. You can submit a written appeal to the Unemployment Compensation Board of Appeals.The UC Board of Appeals will review all of the testimony and evidence presented at the hearing and they will see if a legal error has been committed.
At this stage, our firm can help you formulate a legal argument using existing case law and statutory guidance to give you a better chance of winning your appeal.
- Have you submitted your written appeal?
- Was your written appeal already denied?
Even if your appeal to the UC Board of Appeals was denied, there is still hope.
Step 5. Appealing to the Commonwealth CourtEven if you have lost your hearing and your UC Board appeal, you can still appeal to the Pennsylvania Commonwealth Court. The Commonwealth Court is a Pennsylvania Appellate Court with elected judges sitting on the panel.
At this stage you can get a fresh set of eyes on your case the Court may turn over any of the lower decisions. Legal assistance is very valuable at this stage, as the legal arguments presented here can be complex.
We will help you file a brief statement and argument at this stage to get you the benefits you deserve.
Step 6. We Help You- Prepare Evidence to Support your Benefits Claim.
- Fight for the Benefit Money you Deserve.
- File you Initial Unemployment Benefits Claim.
- Appeal your Denied Benefits Claim.