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2 Different Unemployment Appeal Hearings....

by Andrea
(Pennsylvania Unemployment)

My husband had two different appeal hearings because he was let go of his job back in june.


The one for the job he was let go of due to medical reasons he was determined eligible. He then had another hearing for the employer previou because he had started the new job and had been let go within 2 weeks of starting due to being in the hospital. My question is he lost the hearing from the previous employer he quit from for the new job. He won the hearing from the employer he was let go from.

My question is for a Pennsylvania hearing. Will he be eligible overall for benefits because he won the hearing from the employer he was let go from or will he lose because of the previous employer.??



Hi,


He could be eligible once he purges the imposed disqualification from the first employer or the hearing decision that denied him.

Even though his most recent separation was found qualifying with a hearing decision .. he must not have worked there long enough or earned sufficient wages to satisfy the DQ from the separation from the first employer.

It's always easier to figure this stuff out when you have the state documentation right in front of your face.






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Sep 14, 2011
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response
by: Andrea

Well the problem is the second employer he had been only there for two weeks before ending up in hospital which he provided proof for. I am afraid because of the short amount of time he was at the most recent job he may not get them now.

He had lost the first employer hearing because he quit for new job and had a week in between job starting for background check and tests. He may have won the hearing for the first employer had he not had that week gap.

Not sure what to do i am hoping for the best

Sep 14, 2011
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response again
by: Andrea

i am thinking of the possibility of having him appeal to the decision that denied him. I have been looking on the site it still says status as appeal. This is all so stressful. I just hope all may work out in the end considering he couldnt help how long he was on the job before going into the hospital




Why did he leave the first job .. for the second one?

Sep 15, 2011
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reponse to why
by: Andrea

He left the first job to go to the other job because it was much better money and better overall place for him.

It hurts the circumstances that he ended up in the hospital so shortly within 2 weeks of starting which made his earnings very low overall from the time he started till the time he was let go from this second job.

I read before that you said the earnings could help override the first job decision.... but because of him only being there 2 weeks before being let go out of his control he would not have earned probably near enough or had enough time in that job to make the decision he won from second job to go over decision he lost from first job

I am afraid he will lose overall because of the short time he was at this new job. Is there anything recommended we can do at this point besides wait. Would it be worth it for him to appeal to the board on the hearing for the first job that he quit?




Much better money should be good cause to quit in PA. Yes, I would appeal to the board.

You might find some relevant precedents for PA unemployment benefits by searching unemployment decisions here.

Sep 21, 2011
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again
by: Andrea

this is all still confusing his status online now says initial claim has been processed instead of under appeal. can we assume because it says to continue to file biweekly claims that he will now get money.



Andrea,

Truly, I don't know what to tell you except that I think it is unwise to assume anything about unemployment.

Try to talk to a live person at PA unemployment.

Sep 28, 2011
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appeal
by: Andrea

ok we will try haven't gotten much accomplished talking to them we are lost





Good idea, because without being able to see all the documents you received from the state, I'm having to rely on a lost person telling me about something only the documents could help me figure out.

All I know for certain, is that the decision regarding whether he had good cause to quit the first job is controlling whether he can access benefits for the separation from the second one .. because he didn't earn enough to purger the disqualification from the first separation.

Any determination that says denied .. has to be appealed .. even if it's a hearing decision if you want to change this.

And .. every determination (issued by a claims representative) or hearing decision (issued by a PA referee) has to be appealed timely.

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