How To Win Your Unemployment Appeal Hearing If You Voluntarily QuitWillful Misconduct & Unemployment AppealsWrongfully Terminated ? Free Case Evaluation
“How to win your unemployment appeal hearing if you voluntarily quit”
Generally speaking, voluntary quit cases require good legal argumentation to win. This is because in these cases the burden falls on you, the claimant, to prove that you quit for a “necessitous or compelling reason.” While it certainly may be difficult, it is not impossible to win as there are many valid reasons a person may quit their job.
With the help of a skilled and experienced employment law attorney, you can win your unemployment appeal hearing if you:
- can prove you had a necessitous or compelling reason to quit
- informed your employer of the necessitous and compelling reason for your quitting
- acted with ordinary common sense in quitting
- put forth a reasonable effort to preserve your job
- can prove that no suitable accommodation was made by the employer
What is considered a “necessitous or compelling reason” for quitting your job?
The law recognizes there are circumstances in which one may feel they had no other option but to quit their job. For example, if you are suffering from a medical condition which may be made worse by working and there is no way for your employer to accommodate you. Another example may be that either your office relocated or maybe your spouse had to relocate for their job.
Some other examples of what could be considered a necessitous and compelling reason are:
- Subjection to targeted harassment or discrimination
- Unsafe working conditions
- Hostile work environment
- Family emergency
- Childcare issues
- Unlawful activity
However, providing the right evidence and testimony to prove you had a necessitous and compelling reason to quit can be tricky. The attorneys at MKO are very experienced in dealing with these kinds of appeals and will give you the best chance at winning. Please reach out to us for a free consultation. Our attorneys are available 7 days a week and are ready to fight alongside you.
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“How to win your unemployment compensation referee hearing or appeal hearing if you voluntarily quit your job under Section 402(b) in Pennsylvania?”
If you have voluntarily quit your job, it can be challenging to receive unemployment benefits. However, there are circumstances under which you may still be eligible for benefits, such as when you voluntarily quit due to intolerable working conditions created by your employer, including illegal constructive discharge. In these situations, it is important to understand the legal requirements for receiving benefits and how to present your case effectively during an unemployment appeal hearing. Here are some tips on how to win your unemployment appeal hearing if you voluntarily quit.
Understand the Voluntary Quit Standard
To receive unemployment benefits in Pennsylvania, you must meet the voluntary quit standard. This means that you must have left your job for a good cause attributable to your employer. If you voluntarily quit due to intolerable working conditions created by your employer, such as illegal constructive discharge, you may meet the voluntary quit standard. To meet the voluntary quit standard, you must show that you had no reasonable alternative but to quit due to the intolerable working conditions. You must also have made reasonable efforts to resolve the intolerable conditions with your employer before resigning.
To win your unemployment appeal hearing, you will need to present evidence that supports your claim that you left your job for a good cause attributable to your employer. This may include emails, text messages, or other documentation that shows the intolerable working conditions you experienced and your attempts to resolve the situation with your employer.
Be Prepared to Testify
During your unemployment appeal hearing, you will be required to testify under oath. This is your opportunity to explain why you left your job and present evidence to support your claim. You should be prepared to answer questions from the hearing officer and to provide detailed information about the intolerable working conditions you experienced and your efforts to resolve the situation with your employer.
If you have witnesses who can testify on your behalf, it can be helpful to bring them to your unemployment appeal hearing. Witnesses may include coworkers who can attest to the intolerable working conditions you experienced, as well as HR representatives or other managers who were involved in addressing the situation. Having witnesses can strengthen your case and provide additional support for your claim.
Seek Legal Representation
If you are appealing a decision to deny your unemployment benefits, it is strongly recommended that you seek the assistance of a top employment lawyer who is experienced in handling unemployment appeals. An employment lawyer can help you understand your legal rights, prepare your case for the hearing, and represent you during the hearing. They can also provide valuable guidance and support throughout the process and can help ensure that you receive the benefits you are entitled to under the law.
Winning Unemployment Appeal Hearing & Unemployment Benefits Conclusion
Winning your unemployment appeal hearing if you voluntarily quit can be challenging, but it is possible if you meet the voluntary quit standard and present a strong case. By understanding the legal requirements, gathering evidence, and being prepared to testify, you can increase your chances of success. Seeking the assistance of a top employment lawyer can also be beneficial and provide the support and guidance you need to succeed in your appeal. If you believe you are entitled to unemployment benefits, it is important to take action and protect your rights.
Unemployment Appeal Lawyers: Learn More
How to Win Your Pennsylvania Unemployment Compensation Appeal. Denial to Approved: The Ultimate Guide to Winning Your Pennsylvania Unemployment Compensation Appeal
“Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.
Ten Reasons You Want MKO As Your Employment Counsel
1. Focused Employment Law Practice
MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.
2. Technology Driven & Experts in the Cloud
We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient.
We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.
3. Legal Advice Instantly From The Comfort of Home
MKO can provide superior legal services through adaptive use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it's better, easier, and faster for our clients - they really appreciate it. We seamlessly and interactively collaborate with you in a relaxed environment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.
The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.
4. Discreet When Necessary
While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
Confidentiality is key, for everyone.
5. Experience, Professional, & Integrity
Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 1000 clients and has managed hundreds more for associates that worked for her in just her first 10 years!
6. Highly Responsive Attorneys
We always get the question, "If I choose to have you represent me, will it be difficult for me to get in touch with you?"
Absolutely not, we even make ourselves available to clients beyond our normal business hours! Further, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.
7. Attorneys Available 74+ Hours Per Week
Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don't be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising "Phones Answered 24 Hours A Day, 7 Days A Week." We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week.
8. Practical Advice From Seasoned Professionals
MKO strongly believes that every situation is distinctly unique and therefore we must endeavor to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circumstance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.
9. Contingency Representation
Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you're offering to pay anyone up front and hourly, it seems they'll take almost any case - so long as they are getting paid. Funny how that works. Here's how we help:
- People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently separated from their job to afford an employment lawyer.
- MKO only gets paid if there is a recovery. – We put our money where our mouth is, if we don't get a recovery, you don't owe legal fees and costs.
- Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
- Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™"
10. Keeping Costs Low To Focus On Your Case
Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a "factory firm" or "volume practice" that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overhead. We aggressively keep costs down so we can focus on you.
Don't want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.
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Clients & Cases Managed
I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.
Halfway to wrongful termination help. If you don't get paid, neither do we. All you need to do is call MKO!
Employment Law Ready✔ ™
Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.
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