I won my first appeal in front of a referee, now ex employer is appealing to the UC Board live in PA
(PA Unemployment Board Appeal)
Let me start by saying I wished I found this website sooner before my hearing then I would have been better prepared. I would have known what I could and could not do in asking for records of my personal files and my rights to subpoena my co-workers. Nor did I know what documentation they placed into evidence till I showed up for the hearing.
As to the reason they fired me. I failed to notify a RN of an arrhythmic change on the heart monitors I was watching, along with all the other duties I was required to do, answer the phones, call bell, and doctors orders.
As to this one monitor, I was asking most of night for them to check the leads. I was getting a lot of artifact. I even told the RN that there were some things I didn't like, even showed her.
As the night progressed and after each time I asked for leads check they did and then got a pause and then get rhythm, I thought that it was a response to me asking for the leads to be check during the replace or fit. So, I thought the pause was due to that.
Next day I found out that the patient told his PA that he passed out and he also told his RN that he did. Then, when they went though the alarms found out times they could see a pause, but they did not look at what was on the monitor seconds before I pulled them up to show them what I saw.
Also, the RN was informed, why did she not come out and ask to see what was on the monitor at the time, she never addressed it, nor followed it through.
I thought I was in a losing cause but I stuck to my story told referee how I saw it unfold. The truth never hurts.
I know this is long, but I won.
But now I'm worried, even if won. If they appeal what do I do.
Here is what judgment says:
The Referee can understand why the employer would consider this error of the claimant to be serious matter. However, even though the claimant's job involved responsibility for heart monitors and for the life and health of patients, this does not mean that an error in judgment constituted a willful misconduct.
The employer has not met its burden of proving that the claimant was discharged for willful misconduct. Benefits must therefore be granted under Section 402(e) of the Pennsylvania Unemployment Compensation Law.
I now just received notice that they are appealing to the board. Stating that the referee erred as a
matter of law.
There is more to it which I really do not understand, but I maintain I misread the situation because I was having problems all night with this person’s monitor. They are also stating that it was not the claimant’s responsibility to interpret the heart rhythms and or alarms but to merely report changes. (If this is so, then why do I have to take compliancy tests on heart rhythms).
Ends with we reserve the right to submit additional reason for this appeal upon receipt of the Transcript if the testimony and exhibits taken at the hearing.
Now I just don't know what to do, should I summit a letter stating my reasons for agreeing with the first appeal which I won? Or wait and see what happens.
Thank you for any information and I will pass on this website, for you are doing a great service by explaining and trying to help.
You could submit what is called an affirmation letter, but would you know which cases to site about a hearing officer having wide discretion to determine credibility and interpret the facts of any particular situation?
Currently, the employer has not submitted a written argument that cites case law to support the supposed errors made by the referee.
And I might add that you're sweating what sounds like a long shot.
Generally speaking .. boards only reverse hearing decisions when the error was so blatantly one of bias and that is what I would call a slap on the wrist for the referee .. to be reversed.
The more common scenario when someone submits a valid written brief (the argument) to the board is a remand.
In PA, that could be a remand for a new de novo hearing (that means new, fresh and usually requires in the order from the board for the first hearing decision to be vacated) When they reschedule the hearing, you'd have a new referee.
Or, it could be a remand for the taking of additional testimony to fully develop the facts of the case to see if that might change the decision. This usually goes back to the same referee or if a new one .. they would have to listen to the recording of the first hearing to bring them up to speed.
One other thing a board of review panel can do is modify a hearing decision .. which may be part of a remand or a reversal, but generally speaking, it's when they cite a different section of the law as being the relevant section.Disclaimer
Hey everybody, this is not legal advice .. this is me relating the information I learned as a coordinator about how unemployment board appeals work in PA.