I was denied unemployment compasation. The reasoning of the denial was due to tardiness. I was never given any warnings.

Asked 12 months ago - Honey Brook, PA

I wanted to know if that was legal? There was no documentation showing neither verbal or written warnings. When I asked for the documentation, the ofc manager was unable to provide, and said that she did not have to give a reason of "getting rid of me" by the laws in PA, but I was the only African American employee. She also placed my position on an employment website on 5/21/13, but I was not discharged from employment until 6/28/13. When confronted about the posting, she said that she was mad at me, & that she would take it down. Which made the work environment very threatening. And to end, she was not present at my discharge, only myself and her boss. According to him the first reason given was that she did not get along with me, and she was calling him "freaking" out about me.

Attorney answers (3)

  1. Michael W. Aitken

    Contributor Level 12

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    Lawyer agrees

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    Answered . You should have an attorney assist you with your appeal.

    This answer is for informational purposes only and does not in anyway constitute and/or form an attorney-client... more
  2. Stewart C Crawford Jr.

    Pro

    Contributor Level 16

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    Answered . I agree, you should seek the assistance of an attorney. If yoi are cobsidering a discrimination claim, keep on mind you have a very short time frame to file with the eeoc and or the phrc. Also you have pnly two weeks to appeal a decision of the uc referee

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  3. Edward Clement Sweeney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Have you had a Referee decision yet? It sounds like you can win UC and you may have a race discrimination claim. While it is "legal" to dismiss someone because of tardiness, you may be able to win an UC hearing if you were not given notice. It seems like the Employer's story has several holes, which can be helpful in a UC case as well as a discrimination case. You should call an experienced employment lawyer.

    Edward C. Sweeney
    Wusinich & Brogan
    Downingtown, PA
    610-594-1600

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