Appealing Unemployment Compensation Determinations
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Q: If the Job Center denies your application for unemployment compensation benefits, can you appeal?
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A: Yes. You (or your former employer) may appeal an unemployment compensation determination. If the UC Service Center denies your application, you can pick up a form at your local job center (see the back of this pamphlet for locations), or simply write a letter that specifically states that you are appealing the decision and the reasons you disagree with the decision. You will need to remember to include your social security number and to sign and date the letter. You should send your appeal to the address on the initial unemployment compensation determination letter. Your appeal must be received by the Service Center or postmarked within 15 days of the date the initial determination was mailed to you (43 P.S. § 821(e)). When the UC Service Center receives your appeal, they will schedule a hearing in front of referee. You will receive notice of the time and place of the referee's hearing.
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Q: What happens at the referee's hearing?
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A: The referee's hearing is like a trial, only a little less formal. At the hearing, both you and your former employer will have the opportunity to present your side of the story. You will be able to produce evidence and witnesses, and cross-examine your employer's witnesses. You can force your former employer to testify. You can also get the referee to issue subpoenas that would force a witness to attend the hearing, or force your former employer to supply you with relevant documents (43 P.S. § 826). If the referee denies your request for a subpoena, you should object to this at the hearing. Although, the referee will probably not change his or her mind, this will allow you to appeal the issue later, if you lose at the hearing (Simpson v. UCBR, 469 A.2d 733 (1984)).
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Q: Will you know what the issues are before you go to the hearing?
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A: Yes. The only issues that may be brought up at the referee's hearing are those upon which the initial unemployment compensation decision was based. These issues will be spelled out in the unemployment compensation determination and the Notice of Hearing that you receive. The one exception is that whether you are "able and available" to work may always be brought up. So, if your former employer brings up any issues that were not a basis of the initial determination (other than "able and available"), you should object. For instance, if you were denied benefits because you "voluntarily quit", but at the hearing your employer starts arguing that you "refused suitable work", you should object. In addition, if your employer reported to the job center that you were fired for being tardy, you should object if your employer tries to bring up new reasons for your firing at the referee's hearing. (Corressel v. UCBR, 385 A.2d 615 (1978)).
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Q: Can people testify about rumors at the referee's hearing?
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A: No. People can only testify about those things that they actually observed. Testifying about things that someone else told you is called hearsay. If a witness for your former employer testifies to something that he or she did not directly observe, you can say, "Objection, hearsay."
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Q: What do you do if you disagree with the referee's decision?
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A: If you lose at the referee's hearing, you can appeal your case to the Unemployment Compensation Board of Review (UCBR). The UCBR is a three-person panel that reviews referees' decisions. The referee's decision will have instructions on how to appeal. You must file your appeal within 15 days of when the referee's decision was mailed (43 P.S. § 822).
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Q: What do you do if you disagree with the Unemployment Compensation Board of Review?
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A: If you disagree with the UCBR's decision, you have two options. First, you can request that the UCBR reconsider its decision; you must file this request within 15 days of the UCBR's decision. You can also appeal the UCBR's decision to the PA Commonwealth Court; you must file this appeal within 30 days of the UCBR's decision (Pa. R.A.P. 1512). Requesting the UCBR to reconsider its decision does not extend the 30-day time limit to file an appeal with the Commonwealth Court (Pa. R.A.P. 1701(b)(3)). However, you can request a UCBR reconsideration and appeal your case to the Commonwealth Court at the same time.
LOCAL JOB CENTERS
Allegheny County Team PA CareerLink
345 - 5th Avenue
McKeesport, PA 15132-2600
Phone - 412-664-6940
FAX - 412-664-6969
TTY - 412-664-6973
PA Teleclaims - 412-664-5230
Pittsburgh East Job Center
6206 Broad Street
Pittsburgh, PA 15206-4087
Phone - 412-645-7035
FAX - 412-645-7254
TTY - 412-645-7014
PA Teleclaims - 412-645-2088
Pittsburgh North Job Center
1122 Western Avenue
Pittsburgh, PA 15233-2004
Phone - 412-565-2631
FAX - 412-565-2649
TTY - 412-565-3517
PA Teleclaims - 412-565-2340
Pittsburgh South Job Center
2100 Wharton Street
Pittsburgh, PA 15203-1945
Phone - 412-488-6900
FAX - 412-488-2642
TTY - 412-488-6910
PA Teleclaims - 412-488-6944
Ambridge Job Center
120 Merchant Street
Ambridge, PA 15003-2112
Phone - 724-266-3000
FAX - 724-266-0931
PA Teleclaims - 724-266-7150
Beaver County Team PA CareerLink
2103 Ninth Avenue
Beaver Falls, PA 15010-3957
Phone - 724-846-0016,
FAX - 724-846-7963,
TTY - 724-846-2870
PA Teleclaims - 724-846-5871
Butler County Job Center
227 W. Cunningham Street
P.O. Box 951
Butler, PA 16003-0951
Phone - 724-284-8168
FAX - 724-284-3754
TTY - 724-284-8140
PA Teleclaims - 724-282-1610
Lawrence County Team PA CareerLink
102 Margaret St.
New Castle, PA 16101-3989
Phone - 724-656-3165
FAX - 724-656-3232
PA Teleclaims - 724-656-3093
Main Office: 928 Penn Avenue
Pittsburgh, PA 15222-3799
Telephone: (412) 255-6700
Toll-Free: 1-866-761-6572
Fax: (412) 355-0168
