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I applied for UC Benefits in PA and the claim was initially denied-tardiness was willful misconduct. I appealed 4/22 and lost.

Philadelphia, PA |

The referee decided on 4/26/13 that I did not show good cause for my tardiness which determined to be willful misconduct. However, I DID testify and present my evidence to show good cause reasons for my tardiness during the hearing. I intend to appeal his decision to the Board of Review because he left out critical details of the hearing along with some other important information. I believe had he not done so, I would have probably gotten my UC benefits. (For example: He failed to mention that side effects of my HIV meds would cause me to oversleep. He stated Intermittent FMLA cert started 11/12, actually began in 10/11). Do you think that I can get the decision reversed by the Board because of the omitted information which clearly showed good cause?? (i have more details to add too...)

Here are the details of the hearing (including details of my testimony he left out): 1. I was employed with Company P from May 27, 2008 to Feb 12, 2013. 2. On October 10, 2012, the Employer placed the Claimant on a 90 ay probationary period due to excessive tardiness. 3. My work schedule was 11am to 730pm (I would leave approx. 1030am using public transportation.) 4. On November 4, 2012 the Claimant was approved for intermittent Family and Medical Leave (FMLA) for any health related issues that occurred due to the Claimant's immune system medication. (This is very incorrect-I told the referee: I was approved for FMLA in October 2011 for HIV related issues and side effects caused by my HIV medication, Atripla. Side effects included, but not limited to: severe migraines, problems waking up)

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Attorney answers 2

Posted

It is impossbile to give you an idea of your cances on appeal without knowing the details of your case. I would encourage you to appeal and forward a letter detailing what you thought the REferee's errors were. If you have any additional information that was not submitted at the hearing, submit it with your appeal. However, the Bo9ard may not consider additionhal evidence unless there is a good explanation why it was not submitted at the hearing. Good luck.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.

Asker

Posted

I have additional information which I am trying to include, as avvo allows me to...

Posted

Not sure where you are going with this. If you needed intermittent leave, were still on it, and had an "event" related to your meds that fell within the reason for your intermittent leave, sounds like you got a good argument for reversal. The fact you have HIV is s sympathetic issue that gives your appeal emotional impact.

Asker

Posted

I am hoping for a reversal because he completely left out what my illness was, some of the side effects, and that they were related to why I had problems waking up in the morning, however, they WERE discussed in the hearing. I remembered him saying that the side effect wasnt on the FMLA request form. Regardless of that, its still a critical point in my case and the reason for FMLA to protect me when I have issues relating to my health, not just waking up, not just one particular side effect. I was diagnosed with HIV back in 1990 and have come a long way since then, and felt very let down when he simply referred to it as a "serious medical issue." His decision then went onto unforeseen public transportation issues and the fact that I should have left earlier for work. In the hearing, I said I do leave earlier when i can, however, I have problems waking up in the morning because of my HIV meds. He said, the doctor didn't list that as a side effect. I remember bringing my intermittent FMLA leave, but before I knew what happened, he had moved onto something else. The details of the intermittent FMLA allowed me call in late by a few hours, IF i called before 10am. If I overslept past 10am, then I still got up and went into work, which delayed me sometimes by 5-10 mins. I also called my supervisors each time. The Ref failed to get this information from me during the hearing, which would show that my actions were not willful misconduct.

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