PA Unemployment Authorities Strictly Interpret Court Ruling Requiring Employer Legal Representation
Posted: March 17, 2005
As we reported in a JacksonLewis.com "Legal Update" in February 2005, the Pennsylvania Commonwealth Court has issued a ruling in a case that requires Pennsylvania employers to have attorney representation at unemployment compensation proceedings. This includes referee hearings and appeals to the Unemployment Compensation Board of Review. As the law currently stands, Pennsylvania employers must retain legal counsel to defend unemployment compensation claims before a referee or the Unemployment Compensation Board of Review, unless and until the Supreme Court of Pennsylvania overrules this decision, or the General Assembly enacts legislation overriding the decision. View the February report: [Harkness v. Unemployment Compensation Board of Review (Pa. Cmwlth. 2005).]
Following up, it now appears that the Pennsylvania Department of Labor and Industry is strictly interpreting the Commonwealth Court's decision to prohibit any self-representation by employers at unemployment compensation proceedings. Employers have reported that the unemployment compensation authorities are either refusing to proceed with a hearing when an attorney is not present and continuing the hearing to a later date, or proceeding with the hearing but prohibiting the employer from offering any evidence other than testimony in direct response to questions by the unemployment compensation referee. These reports indicate inconsistent treatment of employers appearing for an unemployment hearing without an attorney.
