Why can the state make an initial decision to give me unemployment and then take it away after my employer appeals to a hearing?

by Tosha Sewell
(pittsburgh, pa ,allegheny)

Hello i want to know if i can collect unemployment. I was discharged from my job which my job says it was willful misconduct. I was warned about my duties, I misidentified a patient and I was written up and second time I mislabled a tube with wrong patient information and third time which cost me my job was a ekg that I performed on the wrong patient and they said it was willful misconduct and I was working to the best of my ability and I've been at my job for 12 months and I know I made some mistakes, but I don't think it was willful misconduct it was unsatisfactory performance and so I collected unemployment because unemployment said that it was unsatisfactory performance and it was not willful misconduct and my employer appealed the decision that was made and what I want to know is how can I receive unemployment and now they can take it away I really don't understand please help.


Hi Tosha,

I've changed the title of your submission to more correctly state what it is your asking because it is a major danger or disadvantage to collecting unemployment if a person has not first taken the care required to really understand if they are or should be entitled to unemployment.

It is common practice for employers to make their first protest to your unemployment claim by responding to the state in a generic fashion. They do this because most states do not have a statute which carries a punitive measure for doing so.

The employer knows all they have to do if a determination is issued allowing benefits to a claimant is APPEAL.

If the employer can prove at an unemployment hearing that the state erred with the initial determination....you stop getting benefits and will probably get a letter from the state telling you that you need to repay what you did receive.

You may of course appeal this determination and it is often the wise thing to do.

Overpayments and how they are collected is also controlled by statute and does vary from state to state.

Anyone can see how each state deals with the issue of overpayments and fraud by reading this chartbook published by the USDOL. The chartbooks are updated yearly, so check this page to make sure you have the most recent edition.