Thursday, November 3, 2016

Determination of Financial Eligibility Under Pennsylvania's Unemployment Law - Simple Explanations of a Base Year, a Benefit Year, a Credit Week and Appealing a Notice of Financial Determination

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John A. Gallagher is a Philadelphia area employment attorney who helps Pennsylvania citizens located in towns such as Allentown, Reading, Bethlehem, West Norriton, West Goshen, East Whiteland, Devon, Abington, Ambler and Springfield review and negotiate Non-Compete Agreements. Located in Chester County, Mr. Gallagher will provide an evaluation of your Employment Agreement for a reasonable flat fee and will provide guidance on how to minimize the impact of Non-Compete Covenants while maximum protection from termination without cause often suffered by At-Will Employees.

How Can I Figure Out My Financial Eligibility for Benefits Under the Pennsylvania Unemployment Compensation Law?

If you have been in the workforce as a w-2 employee for more than a few years, you probably will have an easy time figuring out your weekly benefit rate if you are determined to be eligible for unemployment compensation (i.e. your employment ended through no fault of your own or you had a good reason to resign under the law).

I Was Quit, Resigned, Was Terminated or Was Laid Off from My First Full-Time Job in Pennsylvania – How Can I Figure Out if I am Financially Eligible for Unemployment Benefits?

However, if you are being separated from the full-time job you have ever had in Pennsylvania – or the first such job you have had in years (maybe you took time off for the family, moved back home after years out West or decided that the great American Dream of self-employment was not for you), calculating your financial eligibility for benefits is a bit more challenging

How Does Pennsylvania’s Department of Labor Determine Whether I Have Earned Enough Money Over a Long Enough Time-Period When Determining My Financial Eligibility for Pennsylvania Unemployment Compensation Benefits?

Immediately upon receipt of an application for unemployment benefits filed by a recently separated employee (i.e. a “claimant”), the Pennsylvania Department of Labor’s Unemployment Service Center does two things: a) it sends the employer a “Notice of Application” wherein it informs the employer of the application and asks the employer to provide information concerning why the employee was separated; and, b) it calculates the claimant’s financial eligibility for benefits.

NOTE: Once the financial eligibility calculations are complete, which usually takes a week or so, the Service Center mails the claimant a Notice of Financial Determination.

In calculating the claimant’s “Weekly Benefit Rate,” the Service Center determines the claimant’s "Benefit Year,” the claimant's “Base Year,” and the claimant’s “Base Year Wages,” and the claimant’s “Credit Weeks.”  We will explain these terms below.

What is My “Benefit Year” Under the Pennsylvania Unemployment Law? 

The 52 weeks following an application for benefits – 43 P.S. §753(b).

EXAMPLE:  Sally is terminated on December 24, 2016, and files an application for benefits on December 31 2016. 

Sally’s Benefit Year will be December 31 2016 through December 31 2017.

Once the Benefit Year is established, the claimant’s “Base Year” is determined.

What is My “Base Year” Under the Pennsylvania Unemployment Law? 

A claimant’s "base year" is the first four of the last five completed calendar quarters. 43 P.S. §753(a).  I find this a little confusing, but applying the statute as follows makes it a little eerier to figure out the claimant’s Base Year:

·       Go back 5-quarters (i.e. 15-months) from the first day of the Benefit Year;

·       Eliminate the quarter (i.e. 3-months) immediately preceding the date of application (i.e. the start of claimant’s Benefit Year);

·       The 12-months that are left are the first four of the last five completed calendar quarters, i.e. the claimant’s Base Year.

EXAMPLE:  Sally is terminated on December 24, 2016, and files an application for benefits on December 31, 2016.  Sally’s Benefit Year starts December 31, 2016.

Counting back 5 quarters from December 31, 2016 brings us to September 30, 2015 - which will be the start of Sally’s Base Year. 

Sally’s Base Year will be September 30, 2015 to September 30, 2016.

What Are “Credit Weeks” Under the Pennsylvania Unemployment Law? 

A credit week is any calendar week during the Base Year in which the claimant earns
remuneration of $50 or more. 43 P.S. §753(g)(1).

EXAMPLE:  Sally Recentcollegegrad secured her first full-time job ever on August 1, 2016, receiving a salary of $800 per week.  Unfortunately, Sally is laid-off on December 24, 2016.

Sally files an application for benefits on December 31, 2016.  Sally’s Benefit Year starts December 31, 2016.  Sally’s Base Year starts September 30, 2015 and ends on September 30, 2016.

Sally’s Credit Weeks are determined by figuring out the number of weeks during Sally’s Base Year that she worked full-time and earned more than $50 per week. 

Sally therefore has 8 Credit Weeks, i.e. every week she worked beginning when she took the job on August 1, 2016 through the last week of her Base Year, September 30, 2016. 

How Many “Credit Weeks” Do I Need to Work During My Base Year in Order to Be Financially Eligible for Benefits Under the Pennsylvania Unemployment Law? 

A claimant with less than 16 Credit Weeks during his/her Base Year is ineligible for any unemployment benefits.  43 P.S. §804(e).

If claimant has 16 or 17 credit weeks, then he/she will be eligible for 16-weeks of benefits. If claimant has 18 or more credit weeks, then he/she will be eligible for the full 26-weeks of benefits provided for under the law. 

NOTE:  In the final EXAMPLE above, Sally would have to work to until at least February 21, 2017 in order to be potentially eligible for up to 16-weeks of benefits, and to at least March 7 to secure the maximum allotted 26-weeks.  

What Are My “Base Year Wages” Under the Pennsylvania Unemployment Law?  Can I Win Unemployment Benefits if I am Misclassified as an Independent Contractor? 


How Do I Calculate My Weekly Benefits Under Pennsylvania’s Unemployment Compensation Law?

In a post I wrote in July of 2012, I illustrated in what I hope is a clear and straightforward fashion how to determine your weekly benefit rate.  Little math is required!

How Can I Appeal and Incorrect Notice of Financial Determination?

Determining financial eligibility is in most cases a matter of simple math completed by a computer; consequently, most claimants do not have reason to dispute or appeal a Notice of Financial Determination

There are, however, two situations of common dispute where NSFs are concerned: a) situations where the claimant has no reported earnings because he/she was misclassified as an independent contractor; and, b) where a large, lump sum payment (a bonus, large commission, etc.) skewers the Base Year calculation.  See e.g. 43 P.S. §801(a) (if 20% or more of claimant’s base year earnings were earned during a single quarter claimant may be deemed financially ineligible in whole or in part).

Does a Notice of Financial Determination Mean That I am Eligible for Benefits Under the Pennsylvania Unemployment Law? 

No.  Everyone gets a Notice of Financial Determination, even if they were fired after being caught on camera stealing money from the cash register, and admitted to the deed in a sworn statement moments before being escorted out of work. That is so because one’s financial eligibility is calculated by a computer without regard to the circumstances relating to the employee’s separation from employment.

What is a Notice of Determination, and How Long Does it Take for Unemployment to Send Me Notice as to Whether I am Eligible for Unemployment Benefits in Pennsylvania? 

While financial eligibility issues are only infrequently the subject of dispute, the determination of whether an employee was terminated through no fault of her/her own (i.e. did not engage in willful misconduct or quit without a necessitous and compelling reason) is often far more contentious.

The Service’s Center’s decision on that issue is made after an investigation by the Service Center Representative, who will often take a statement over the phone from each party, along with sending out a Claimant Questionnaire and an Employer Questionnaire.

The Service Center’s findings are set forth in a Notice of Determination, which is often issued at months after the Notice of Financial Determination.   

Appealing from the Notice of Determination, the Unemployment Referee Hearing in Pennsylvania

The party who is “aggrieved” by the Notice of Determination (i.e. the claimant if benefits are denied, and vice-versa) has 15-days to appeal.  Late appeals will not be allowed absent extraordinary circumstances

When asked to set forth the basis for the appeal, it is wise to simply state “I disagree with the Determination.”  That is so because, no matter what is said on the appeal, a Referee Hearing will be scheduled. You do not want to unwittingly write something that can be used against you at the Hearing!


Employers are of course far more familiar with such Hearings than the average claimant, and frequently consult with counsel in order to prepare for same (and sometimes bring counsel to the Hearing.  Hence, it is wise to consider retaining counsel for representation at the Hearing.

Negotiating Employment Contracts for Pennsylvania Employees Since 1991
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Philadelphia Area Family and Medical Leave (FMLA) Attorney Helping Employees With Medical Leave Requests and Short-Term Disability Appeals

John A. Gallagher is an employment lawyer who represents employees who need an employment lawyer in Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Non-Compete Lawyer Provides Free Telephone Consultations and Contingent Fee Representation for Overtime Claims

If you believe you require guidance concerning a Willful Misconduct Unemployment issue or a Pennsylvania Unemployment Referee Hearing, and reside in or near Southeastern Pennsylvania, feel free to send me an e-Mail or give me a call.   

Need an Experienced Lawyer to Help You Negotiate an Employment Agreement or Severance Contract?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave, to short- or long-term disability appeals. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, including willful misconductvoluntary quit, self-employment or independent contractor, sideline employment or severance issues, or need legal representation at a Referee Hearing. 

Click Here to e-mail John directly.

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Monday, October 17, 2016

Hostile Work Environments, Intentional Infliction of Emotional Distress and Workers' Compensation - Witches Brew Limits a Pennsylvania Employee's Ability to Sue for Emotional Distress, Anxiety and Psychological Harm Cause by Bullying, Discrimination or Retaliation at Work

Need Legal Help With a Severance Agreement?
John Gallagher's Philadelphia Area Law Firm Negotiates
All Types of Employment Contracts
610-647-5027 or jag@johnagallagher.com

John A. Gallagher is a Philadelphia area employment attorney who assists Pennsylvania workers located in towns such as Downingtown, Reading, Souderton, Blue Bell, Nether Providence, Newtown Square and Lancaster review and negotiate Severance Agreements.  Located in Chester County, Mr. Gallagher will evaluate of your Separation and Release Agreement for a reasonable flat fee and will provide guidance on how to minimize the impact of Non-Compete Covenants while maximizing protection from termination without cause often suffered by At-Will Employees.
Remind You of Anyone at Work?
I Am Currently Experiencing Severe Mistreatment and Retaliation at Work- Can I Quit my Job and Get Unemployment? Would You Take My Case on a Contingent Fee Basis?

I probably receive 10-15 calls or e-mails asking some variant of these questions each and every week. I am truly blessed that the public seeks my advice or opinion on matters of such critical importance to them, both financially and otherwise.

Please Understand:  I Cannot Answer Such a Question Via e-Mail

Yet, such questions are virtually impossible to answer via a Reply e-Mail.

I am sometimes perplexed - OK, that is passive/aggressive of me - I am frequently miffed - when someone sends me a lengthy e-Mail jam-packed with facts about events that have taken place over the course of months, or even years, and then asks me whether they will be entitled to recover crucial unemployment benefits, or whether they win a lawsuit if they in fact resign.

It is simply impossible for an attorney to provide a competent opinion in such a circumstance.

What is more, what the individual needs in such situations is not an opinion but, rather, legal guidance.

That is so because, as discussed below, an employee hoping to secure unemployment benefits following a resignation must follow certain steps very carefully prior to resigning.

Courts Require Employees to Exhaust
All Efforts to Retain Job Before resigning?
If You Are Experiencing an Ongoing Problem in Your Current Job, We Can Discuss Some Possible Approaches During a Short Phone Call at No Cost To You

When folks call me with such questions, a more difficult, but at least potentially productive situation is presented.

The law is all about F-A-C-T-S.  The outcome of any legal dispute is largely predicated upon the words and events that led to disagreement and, ultimately, to a legal proceeding.

Since it is virtually impossible for an attorney to glean all facts necessary to a competent opinion during a short phone call, I face two choices when I encounter such calls are placed to my office:

    1) spend time pro bono understanding all of the facts I need to render a competent opinion; or,

    2) learn enough facts to obtain a sense as to how I may be helpful, if at all.

If I choose the former course, I will spend 15-20 hours per week volunteering my services, and will soon be out of business.  So, the latter approach is one I long decided to take.

This approach works for financial reasons, but also for another, more important reason as well.

Potential voluntary quit situations cannot be resolved via a single phone call or consultation. Properly winding down an employment relationship takes, time, negotiation and multiple communications.  

What is a “Case?”

Finally, the situation presented above does not constitute a "case" but, rather, what lawyers refer to as a "matter.  Allow me to explain.

For an attorney, a “case” exists when a client has suffered Substantial Economic Loss as a result of unlawful misconduct. Where such Loss exists, a contingent fee representation is in order; absent such Loss, however, there are no money damages to recover and, hence, a contingent fee agreement is not called for.
 
Loss of Compensation Necessary to
 Contingent Fee Representation in a Case
Employees who, despite being subjected to workplace abuse, are still earning the same amount of pay as they were before things turned sour,  have not (yet) suffered a Substantial Economic Loss (i.e. an amount in the thousands) and therefore do not presently have a “case.” 

From my perspective, and that of most experience employment lawyers who represent employees, there are only a few scenarios involving currently employed workers that could possible justify the filing of a "case." The most common of these are:

1)    The employee has not received substantial compensation to which he/she is entitled, such as weekly pay, salary, bonus, award or commission;

2)    The employee has been misclassified as an “exempt” worker, and has been deprived of substantial overtime pay;

3)    The employee has been misclassified as an “independent contractor,” and has been deprived of medical benefits, sick/personal/vacation pay, overtime compensation, etc.,  provided to similarly-situated co-workers properly classified as employees;

4)    The employee has been recently demoted and suffered a substantial reduction in pay;

5)    The employee has recently been passed over for a promotion which, if had it been awarded, would have resulted in a significant pay increase; and/or,

Physical Assault of a Sexual Nature at Work =
 Unlawful Sexual Harassment =
Substantial Economic Loss
6)    The employee has been the victim of sexual harassment that involves groping, fondling and worse.

Why Employment Lawyers Will Not Represent Employees Who Are Still Employed on a Contingent Fee Basis

In a contingent fee representation: a) the attorney gets paid only if he/she wins; and, b) the attorney is paid a percentage of the amount of money damages he/she obtains on behalf of the client.

An employee who has been fired or forced to quit due to illegal mistreatment at work will thereafter suffer a loss of income and benefits, and therefore a Substantial Economic Loss warranting contingent fee representation.  

However, since such Substantial Economic Loss does dot begin to accrue until after the employment relationship has ended, a currently employed worker does not present with a "case." 

May I Sue My Current Employer or My Co-Worker for Emotional Distress Due to a Hostile Work Environment? The Worker’s Compensation Problem.

Unfortunately, emotional and psychological injuries caused by mistreatment at work are considered personal injuries, and therefore an employee may seek to recover damages for such injuries only by filing a workers’ compensation claim

I do not handle workers’ compensation claims and, based upon my discussions with workers’ compensation attorneys over the years (most of whom handle such matters only on a contingent fee basis) they will rarely take on a case where the employee's injuries are limited to emotional or psychological damages.    

A Word About “Hostile Work Environments” Due to Discrimination or Bullying, Workers’ Compensation Claims Based Upon Strictly Emotional or Psychological Trauma and “Intentional Infliction of Emotional Distress.”

Many scholarly articles discussing emotional distress and workers’ compensation law will reference that employees subjected to “intentional infliction of emotional distress” (“IIED”) may sue their employer and/or co-worker in a court of law.

As a general legal proposition, that is accurate.

However, I have been practicing law since 1991, and I may have taken 3 IIED cases over that time. There are a number of reasons for that.

Severe Bullying Alone Unlikely to Rise to the Level of
Intentional Infliction of Emotional Distress
First, since an IIED claim is based upon intentionally harmful conduct, those who engaging in such misbehavior are as a matter of law acting outside of the scope of their employment.  Since companies can be sued only for acts undertaken by employees acting within the scope of their employment, an employer cannot be sued in a court of law for such acts. Even worse, such intentional misconduct also eliminates an employee’s right to sue under Pennsylvania’s Workers’ Compensation Law. 

NOTE:  For an in-depth discussion of the above-principles, read Shaup v. Jack D’s, Inc., a 2004 case decided by a federal judge in Philadelphia.

Second, IIED claims are viable in any context in only the rarest of circumstances, and this is especially true in the employment context.  Consider, for example, how offensive the “N” word is to a black person, and then consider the following passages form Frazier v. Exide Technologies, a 2012 case decided by a Philadelphia federal judge:

Plaintiff’s supervisors harassed him with racial insults and subjected him to discriminatory treatment. Plaintiff claims that, among other incidents, a supervisor told him to “pick up the pace nigger,” and made comments to other workers such as “I’m not gonna let that nigger have this job” and “I ain’t letting that nigger pass his evaluation.” Plaintiff also claims he was assigned to heavier and more 1 difficult lifting in an attempt to keep him from meeting his quotas, which he met anyway. Moreover, Plaintiff alleges that his supervisors failed to provide the computer training that his white counterparts received, and thus he was forced to learn from his co-workers...

The complaint further explains that because of this discriminatory treatment, Plaintiff made several complaints to Exide’s Human Resources Department.  Instead of making the situation better, however, Plaintiff alleges that “the behavior continued and became worse.” On October 18, 2007, after a supervisor allegedly called him a “nigger,” Plaintiff left his employment. Upon calling Human Resources, Plaintiff was told that he had been terminated...

To prove the tort of IIED, Plaintiff would have to show, among other things, that the Defendant engaged in “extreme or outrageous” behavior. Cox v. Keystone Carbon Co., 861 F.2d 390, 395 (3d Cir. 1988). The Pennsylvania Supreme Court has noted that IIED is reserved for only “ultra extreme conduct.” Hoy v. Angelone, 720 A.2d 745, 754 (Pa. 1998). As the Third Circuit has observed, “it is extremely rare to find conduct in the employment context that will rise to the level of outrageousness necessary to provide a basis for recovery” for IIED. Cox, 861 F.2d at 395. Moreover, “the cases in our district have consistently held that highly provocative racial slurs and other discriminatory incidents do not amount to actionable outrageous conduct,” despite their reprehensibility. Coney v. Pepsi Cola Bottling Co., 1997 WL 299434, at *1 (E.D. Pa. May 29, 1997). Because Plaintiff’s complaint consists of incidents in which his supervisors subjected him to “highly provocative racial slurs” and “discriminatory incidents,” I hold that Plaintiff has failed to state a claim for IIED.

How Can I Put an End to My Horrible Work Situation and Collect Unemployment?

Whatever the motive behind the mistreatment, there is no question that being subjected to mistreatment at work day after day can and will cause significant trauma for even the most grounded, confident and stable person.  Eventually, the feelings of fear, abandonment, isolation, mistrust and anger follow you home, to dinner and to bed.  They are there when you wake up to get the kids ready to school, as you have your morning coffee and on the way into work.

Yet, no matter how severe the mistreatment the currently employed worker has suffered suffered, and the resultant physiological, emotional and psychological pain, it is likely that he/she will still need to take certain steps prior to resigning in order to give his/herself the very best chance of collecting unemployment compensation or proving a case of constructive discharge.  This is where an experienced employment lawyer may be of help, but some sort of fee arrangement - be it flat fee or hourly - will be required.

Representing Pennsylvania’s Workforce Since 1991

John A. Gallagher is an employment attorney who represents employees who need an employment lawyer in the Philadelphia area, including individuals who live or work in Philly or nearby communities such as Chester County, Delaware County, Montgomery County, Bucks County, Berks County and Lancaster County.

Philadelphia Area Family and Medical Leave (FMLA) Lawyer Helping Employees With Medical Leave Requests and Short-Term Disability Appeals

Need an Experienced Pennsylvania Employment Attorney to Help You Negotiate an Employment Agreement or Severance Contract?

Have questions and need a legal opinion regarding Pennsylvania Unemployment issues such as  Willful Misconduct  or seeking legal representation for a Pennsylvania Unemployment Referee Hearing, feel free to send me an e-Mail or give me a call; I will provide a brief analysis of your issue and/or chance for winning at no charge.   

Click Here to jump to our answers to FAQs concerning a wide variety of common
employment law questions, such as “How does FMLA work?”-  “What does it mean to be an at-will employee?”-  “Do I have a claim for wrongful termination?” or “Is my non-compete enforceable?”  

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, including voluntary quit, willful misconductindependent contractor, self-employment, completing a Claimant Questionnaire, sideline employment or severance, or if you want to hire an attorney for a Referee Hearing. 

Click Here to e-mail John directly.

Thanks for checking in with us.

Wednesday, September 28, 2016

NFL Power Rankings and NFL Rookie Rankings After Week 3 of 2016 NFL Season Rank Eagles, Carson Wentz Highly - Rankings From NFL.com, ESPN, USA Today Collected Here

Carson Wentz and Eagles Defense Leads Birds to Top 7 or Better Ranking in Virtually All Major Publications After 34-3 Blowout of Steelers

Welcome to Wentzylvania, Carson!

Carson Wentz Number 11 in QBR After Week 3 
of 2016 NFL Season
The top 15 quarterbacks as per ESPN.com's QBR Ratings after Week 3 of 2016 Season:


RK
PLAYER
1
91.1
91.9
2
Matt Ryan, ATL
87.0
85.6
3
82.0
83.0
4
87.2
82.5
5
74.9
74.8
6
76.4
74.4
7
76.1
74.2
8
69.9
73.8
9
73.5
70.7
10
70.4
69.5
11
68.9
66.0
12
68.6
65.2
13
69.8
63.6
14
62.6
62.6
15
72.2
60.8
son NFL Leaders
USAToday.com has Carson Wentz ranked 14th best quarterback after Week 3 of 2016 NFL season.

Pro Football Focus has Carson Wentz Ranked as Number 1 Rookie in all of NFL After Week 3 of 2016 Season

Here is how Michael Renner of ProFootballFocus ranks the Top 10 Rookies in the NFL through Week 3 of the 2016 Season:

1. Carson Wentz, QB, Eagles

At least make it interesting, Carson! The second-overall pick simply does not want to make mistakes, which is good news for Eagles fans—and bad news for everyone else on the list. He has a grand total of one turnover-worthy throw this season, second-fewest of any quarterback in the league. Add to that the fact that his 80.4 adjusted completion percentage is the highest in the NFL, and it’s easy to see why he’s not only in the Rookie of the Year race, but also in contention for MVP at this point.

2. Dak Prescott, QB, Cowboys

The two rookie QBs at the top of this list are basically forcing us to rewrite everything we …

3. Jack Conklin, RT, Titans 

As a draft prospect, Jack Conklin’s pass protection was pegged as “broken”—something …

4. Sterling Shepard, WR, Giants

The Giants’ receiver continues to produce in every game this year. On 84.2 percent of …

5. Su’a Cravens, LB, Redskins

I said last week that if Su’a Cravens continues his high-level of play—even in a part-time role…

6. Jalen Ramsey, CB, Jaguars

The fifth-overall pick in the draft makes his first appearance on this list after a career game …

7. Cody Whitehair, C, Bears

 The former Kansas State left tackle has had his issues moving to center, but those begin and …

8. DeForest Buckner, DE, 49ers

     Yet another solid, if unspectacular, game for the seventh-overall pick. So far, DeForest…

   9. Jatavis Brown, LB, Chargers

   Coming out of Akron, I had no clue what I would do with Jatavis Brown. He was too big …

   10. Andy Janovich, FB, Broncos

   The list of rookies in major roles playing above-average football ends at nine at the moment…


No. 4 With a Bullet, Baby! On the Rise!
Fly, Eagles Fly: Birds No. 4 in The Sporting News' Power Ratings After Week 3 of 2016 NFL Season

Having scoured the Internets, the highest ranking I found for the Eagles was via the Sporting News.  Here are the Top Ten from the Sporting News’ Week 4 Power Rankings, courtesy of MSN.com:
  • 1 Patriots 3-0 (last week: 1)
It almost will be like Tom Brady never left. Deflategate is about to leave the NFL...


  • 2 Broncos 3-0 (last week: 2)
Turns out Trevor Siemian can be a lot more than careful caretaker when needed...


  • 3 Vikings 3-0 (last week: 11)
Minnesota has gone nuts stockpiling defensive draft picks under Rick Spielman over...


  • 4 Eagles 3-0 (last week: 13)
Break up Carson Wentz. The kid is on fire out of the gate, with plenty of help from scheme, formation and personnel. But the co-MVP of Philadelphia’s fast, furious start is definitely defensive coordinator Jim Schwartz and his influence on a stacked front seven. This week: Bye


  • 5 Packers 2-1 (last week: 5)
Aaron Rodgers and Jordy Nelson lit it up Sunday, with plenty of a powerful-yet-svelte...

  • 6 Steelers 2-1 (last week: 3)
Pittsburgh looked pretty nasty over the first two games, but it's hard to explain what...


  • 7 Seahawks 2-1 (last week: 12)
Russell Wilson is trying to play through everything, and Seattle will be OK pushing it...

  • 8 Ravens 3-0 (last week: 10)
Baltimore has wins over teams that are a combined 1-8, but it can't be discounted how...

  • 9 Chiefs 2-1 (last week: 14)
Kansas City enjoyed an interception fest against the Jets and got back on track in pushing...

  • 10 Giants 2-1 (last week: 7)
 Odell Beckham Jr. stirred up a little trouble, but it was the defense that lost its way...

MORE: Why Beckham needs to chill

Eagles D Now - The Best Since Back Then?
On the Road to Victory! Birds No. 6 in NFL.Com Power Rankings After Week 3 of 2016 NFL Season

Elliott Harrison from NFL.com has the Eagles ranked 6th in his Power Rankings after Week 3.  Here are the Top 16:

1
3-0 PATRIOTS

After a one-week absence, the Patriots are back atop these here Power Rankings. The slight…

2
3-0 BRONCOS

Trevor Siemian -- take a bow, man. No team has impressed your hack writer more than the…

3
3-0 VIKINGS

The Vikings continue to prove people -- including this Game Picks idiot -- wrong, winning…

4
2-1 PACKERS

Aaron Rodgers pulled off the Tom-Brady-circa-2015 "Up Yours" performance with an insane…

5
2-1 SEAHAWKS

Much consternation regarding the health of Russell Wilson in the aftermath of Sunday's win...

Head Coach Doug Pederson -
VERY Impressive So Far
6
3-0 EAGLES
Last week No. 14!

What's not to like about the Eagles right now? They whipped one of the (presumed) top teams in the league. They paid a king's ransom for a rookie quarterback -- a rookie quarterback who apparently didn't impress one particular winless team (this decade, seemingly) -- and he's balling out. Most importantly, Jim Schwartz's defense has allowed a grand total of 27 points in three games ( the lowest figure in the NFL by 10 points). The defensive line played out of sight Sunday night. Ah, the NFL. 

JAG's Note:  The Birds' D has actually allowed only 20 points - special teams gave up 7 points on a meaningless punt return against Da Bears....

7
2-1 STEELERS
Last Week:  No. 1!

The Steelers looked flat terrible on Sunday. The only thing higher than Ben Roethlisberger's…

8
2-1 CHIEFS

What a rebound by the Chiefs' defense on Sunday. The key stanza might have been…

9
2-1 COWBOYS

Dakmania continues, as every announcer starts to buy in, with the Sunday night crew being the…  

10
3-0 RAVENS

Sure, all three games have been close. The combined record of the Ravens' vanquished…

11
1-2 PANTHERS

Ugly loss at home versus the Vikings. The Panthers must be kicking themselves for not…

12
1-2 CARDINALS

Cardinals fans have permission to be worried. Carson Palmer = shaky. The defense? Not…

13
2-1 TEXANS

The Texans appeared so awful Thursday night that they probably deserved to be lower...

14
1-2 BENGALS

For a team that has made it to the postseason in five consecutive seasons, the Bengals sure…

15
2-1 RAIDERS

Moments ... so many moments ... in Sunday's game when I wondered aloud if Derek Carr…

16
2-1 GIANTS

"What was he seeing there?"-style picks from Eli Manning on Sunday. For years, the...

Philadelphia Eagles No. 7 in ESPN.Com Power Ratings After Week 3 of 2016 NFL Season

From ESPN.com:

2016 record: 3-0
Week 3 ranking: No. 5
QB Trevor Siemian is getting better by the week...

2016 record: 3-0
Week 3 ranking: No. 1
Hey Bill, just start Julian Edelman at quarterback this ...

2016 record: 2-1
Week 3 ranking: No. 10
The Seahawks looked like the Seahawks in Week 3...

2016 record: 3-0
Week 3 ranking: No. 7
The Vikings lead the NFL in sacks and have allowed ...

2016 record: 1-2
Week 3 ranking: No. 3
Should we start worrying about Arizona? Including playoffs, the Cardinals are 2-4 in their past six games and have lost by 15-plus points three times. ...

2016 record: 2-1
Week 3 ranking: No. 9
Is something wrong with QB Aaron Rodgers? Guess not...

2016 record: 3-0
Week 3 ranking: No. 15
The Eagles head into their bye week 3-0 behind a rookie head coach and a rookie quarterback who has yet to turn over the ball. The Eagles also have allowed only 27 points through three weeks, best in the NFL.

2016 record: 1-2
Week 3 ranking: No. 4
It took the Panthers three games to match their 2015 loss total ...
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2016 record: 2-1
Week 3 ranking: No. 2
What was that? Three points when you want to average 30? That's ...

2016 record: 3-0
Week 3 ranking: No. 13
The Ravens are unbeaten but those three wins came by a combined 13 points...

2016 record: 2-1
Week 3 ranking: No. 18
QB Dak Prescott ranks in the top three in Total QBR through Week 3...

2016 record: 2-1
Week 3 ranking: No. 11
The Chiefs have posted a monster comeback and a dominating...

2016 record: 1-2
Week 3 ranking: No. 8
The Bengals have converted only three of their 10 red zone drives into touchdowns ...

2016 record: 2-1
Week 3 ranking: No. 16
In Week 3, the Raiders' defense held the Titans to 10 points after allowing 69 points in Weeks 1-2 combined...

2016 record: 2-1
Week 3 ranking: No. 12
If it seems like every Giants game comes down to the final drive...

Sports Illustrated’s 2016 NFL Power Rankings After Week 4: Eagles at No. 4


1
NEW ENGLAND PATRIOTS
LAST WEEK: 1
RECORD: 3–0
“Give me your tired, your poor, your huddled masses yearning to breathe free ...”

2
DENVER BRONCOS
LAST WEEK: 2
RECORD: 3–0
Trevor Siemian’s four-touchdown performance in Cincinnati drew him a QB rating of 132…

3
MINNESOTA VIKINGS
LAST WEEK: 9
RECORD: 3–0
The only team with fewer yards of offense than the Vikings’ 796 is Los Angeles, which …

4
PHILADELPHIA EAGLES
LAST WEEK: 14
RECORD: 3–0
On the Jim Schwartz fist pump rating scale, the three-pump flurry he unleashed following Philadelphia’s final defensive stand Sunday ranks right up there with that time he tried to punch himself into another dimension after an OT win with Detroit. Schwartz’s defense is as much of a factor in the Eagles’ 3–0 start as Carson Wentz.

5
KANSAS CITY CHIEFS
LAST WEEK: 13
RECORD: 2–1
That strange apparition you saw during the Chiefs-Jets game was Ryan Fitzpatrick’s soul …

6
PITTSBURGH STEELERS
LAST WEEK: 3
RECORD: 2–1
Given the Steelers’ awful history in Philadelphia—they have lost nine straight games there…

7
GREEN BAY PACKERS
LAST WEEK: 10
RECORD: 2–1
Can we talk for a second about how ludicrous it is to have a Week 4 bye, like the Packers …

8
BALTIMORE RAVENS
LAST WEEK: 16
RECORD: 3–0
The Ravens’ wins have come by an average of 4.3 points against three teams sporting a …

9
SEATTLE SEAHAWKS
LAST WEEK: 12
RECORD: 2–1
A healthy Jimmy Graham (six catches, 100 yards and a TD last Sunday) may be just what

10
CAROLINA PANTHERS
LAST WEEK: 4
RECORD: 1–2
Carolina’s pass blocking comes with the same odds of success as …

11
CINCINNATI BENGALS
LAST WEEK: 7
RECORD: 1–2
The Browns moving the football with Cody Kessler and Terrelle Pryor provided an answer …

12
DALLAS COWBOYS
LAST WEEK: 17
RECORD: 2–1
The injury bug won’t go away—guard La’el Collins (foot) just landed on IR and Dez …

13
OAKLAND RAIDERS
LAST WEEK: 15
RECORD: 2–1
Say hello to the league’s lone team with three separate players (Latavius Murray, Jalen …

14
HOUSTON TEXANS
LAST WEEK: 6
RECORD: 2–1
Imagine that instead of upsetting the Soviet Union, the 1980 U.S. Olympic hockey team lost …

15
ARIZONA CARDINALS
LAST WEEK: 5
RECORD: 1–2
The Cardinals are one or two more no-shows away from testing Bruce Arians’s likeability -…

16
NEW YORK GIANTS
LAST WEEK: 8
RECORD: 2–1
New York missed a golden opportunity to take control of the NFC East and now faces back-to-…

USA Today’s Week 4 Power Rankings Has Eagles Ranked Number 4

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