Good News For Pennsylvania Employers

June 2005

On June 15, 2005, Governor Rendell signed into law Act 5, which once again allows employers to represent themselves at unemployment compensation hearings if they choose to do so. The new law effectively overturned a Commonwealth Court decision, Herkness v. Unemployment Compensation Board of Review, which on February 3, 2005 had ruled that employers had to use lawyers to file appeals or attend hearings.

While it is prudent to have counsel review termination decisions and unemployment referee proceedings, the Herkness decision had taken that choice out of Pennsylvania employers’ hands by requiring all appeal forms to be submitted by attorneys, and compelling companies to use counsel at all hearings.

This new law is effective immediately. If you have received an unemployment compensation Service Center determination or a Referee decision for which the appeal periodhas not expired, you are now able to act without counsel if you wish. If you would like one of the members of our Labor and Employment Group to review your particular case, please feel free to contact Debbie Rodman Sandler at 215-864-6203 / sandlerd@whiteandwilliams.com.