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| Do Not Quit if They are Trying to Make you Quit! |
Philadelphia Area Law Firm Specializing in Unemployment Appeals in Chester County, Delaware County, Bucks County and Montgomery County
Unemployment benefits are incredibly crucial to many Pennsylvanians. If you quit your job, you may
still be entitled to unemployment benefits, but only in somewhat limited circumstances.
Unemployment Attorneys Serving Phoenixville, Downingtown, Pottstown, Norristown, East Norriton, Blue Bell, Plymouth Meeting, Chestnut Hill, Pennlyn, Upper Gwynedd, Reading, Bristol, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Villanova, Broomall, Newtown Square and Philadelphia Areas
If you quit because you are told you will be fired IMMEDIATELY if you do not quit, then you will be entitled to unemployment benefits – provided that the reason for your impending termination was not willful misconduct.
Did I Quit or Was I Fired?
In our experience, many employers under these circumstances attempt to convince unemployment that your quit was purely voluntary, and was not "in lieu of immediate termination" because you were not going to be fired that day.
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| Employers Not Always So Clear |
I Was Laid Off and Offered a New Job at the Same Time - Am I Entitled to Unemployment Benefits? This is Decided Under the Law of Suitable Work Offers
If your job is being eliminated, or if your temporary assignment is ending, be very wary of employers who attempt to offer you a new job immediately after telling you your existing job was being eliminated. Then when you decline the new job (which usually has a dissimilar schedule, lower compensation and different duties), they characterize it as you quitting your job.
In fact, the truth is that you were laid off from one job, and offered a new one. The fact that it was the same company that did both things at the same time does not legally change anything.
The law says you were eligible for benefits at the moment you were laid off, and remained eligible for benefits unless the new job offered to you was similar to your former job in terms of hours, duties, location, compensation, etc. - that is, if the new job offered "suitable work" comparable to your previous job.
Click Here for more insight into that-type situation.
Unemployment Law Firm Representing Employees in Referee Hearings in Bristol, Springfield, King of Prussia and Philadelphia
The more difficult situation is when an employee quits his/her job for "personal reasons." In such cases, one must prove the existence of a "necessitous and compelling" reason for quitting. This is not an easy task, and you should consider retaining an attorney for your unemployment appeal hearing if you fall into this category.
What is a Necessitous and Compelling Reason For Quitting a Job Under Pennsylvania Unemployment Law?
Here are some of the most common examples of a necessitous and compelling reason to quit your job:
1) a substantial reduction in pay (>25%, usually)
2) transfer to a different job location that creates a hardship either due to length of commute or impact on family responsibilities (i.e. can no longer pick up kids from school because commute is an hour longer)
3) significant change in work hours/schedule. Such schedule changes can justify a quit if they cause a substantial change in lifestyle (day work to overnight work), a substantial reduction in pay (40 hours per week to 30), negative impact on family obligations (instead of getting off at 3 and being able grab kids, now work until 7), etc.
4) significant change in job responsibilities (these can be tough cases, it has to result in demeaning circumstances)
5) spouse is REQUIRED to take a new job or fulfill military obligation elsewhere and you cannot afford to maintain two households (you must prove spouse was REQUIRED to take the new job - it cannot be a voluntary choice no matter how good the new job offer was)
6) a job offer from a different employer (you must have the offer in hand before you quit your job). This only becomes relevant when the new job falls through so that, 3 weeks/months after you quit you need to apply for UC Benefits - also you have to prove you lost new job for reasons other than your own misconduct)
How Many People That Are Unemployed Actually Quit Their Jobs?
Statistics show that nearly half of the people on unemployment at any given time have quit their job. My experience tells me that roughly 75% of them quit because they believe they are being subjected to a a hostile work environment. So, you are not alone. There are, however, some strategies to combat bad work situations. Consequently, before you quit your job, you may want to speak to a qualified employment attorney.
HERE
ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:
Should I Hire a Lawyer for
My Unemployment Appeal Hearing in Pennsylvania?
Why Hire An Attorney for My
Pennsylvania Unemployment Hearing?
What Happens at an
Unemployment Appeal Hearing in Pennsylvania?
Philadelphia Area Lawyer's
Quick Answers to the Most Common Pennsylvania Unemployment Questions
Don't
Quit That Job Pennsylvania Employees if You Want to Get Unemployment
Compensation Benefits!
Pennsylvania Service Center
for Unemployment Claims - Who Are These People, Anyway?
Pennsylvania Unemployment
Lawyer - Willful Misconduct Referee Hearings
Seven Things to Know About
The Pennsylvania Unemployment Compensation Board of Review
I Want to Quit My Job and
Get Unemployment Benefits in Pennsylvania
Pennsylvania Unemployment
Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS
The Burden of Proof in a
Pennsylvania Unemployment Appeal Referee Hearing
What is My Base Year Under
Pennsylvania's Unemployment Law?
HOW DO I COMPLETE AN
APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS
SEVERANCE PAY, SETTLEMENTS
AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW
Forced to
Resign: What Are My Rights if I am Forced to Quit From My Job in
Pennsylvania?
POOR PERFORMANCE IS NOT
WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW
Are Temporary Employees
Entitled to Unemployment in Pennsylvania?
Philadelphia Are
Employment Attorneys Representing Employees
We are employment
lawyers who represents employees in Pennsylvania.
We typically represent
employees who need an employment lawyer in Philadelphia County, Chester
County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery
County.
Pennsylvania
Employment Attorneys Provides Free Telephone Consultations