Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, in the Unemployment Compensation setting, it is the burden of the employer to prove that the employee was terminated for willful misconduct. If the employer meets that burden, the employee can than show that he/she had a legitimate reason for the conduct that the employer states is willful misconduct. The decision of who would “win the case” would be up to the referee. I suggest you speak to legal counsel to determine whether you have a basis for your case and how the referee might decide based on all the facts presented.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.Robert H. GraffThe Ezold Law Firm, P.C.One Belmont Avenue,Suite 501Bala Cynwyd, PA 19004(610) 660-5585rgraff@ezoldlaw.comwww.ezoldlaw.com
Answered on Jul 10th, 2012 at 4:46 PM