Share

Thursday, July 22, 2010

Can I Get Unemployment In Pennsylvania If I Quit My Job?

Philadelphia Area Law Firm Specializing in Unemployment Appeals

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 Attorney Serving Phoenixville, Pottstown, Norristown, East Norriton, Reading, Bristol, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Careful...
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.  So, if you were going to be laid off THAT DAY due to alleged poor performance, elimination of your job or financial hardship on the part of the company or other reasons unrelated to your violation of a work rule, you will get unemployment benefits even if you choose to quit. 

That is, you will get benefits provided that you can prove that you quit in lieu of termination!

In my experience, many employers under these circumstances attempt to convince unemployment that your quit was of your own choosing, and not "in lieu of immediate termination."  These can be tricky cases, so I typically advise my clients to think very carefully before quitting their job.

NOTE:  If your job is being eliminated, or if your temporary assignmment is ending, be very wary of employers who attempt to offer you a "phantom" job - this is a tactic designed to create the impression that you quit your job. Click Here for more insight into that-type situation.

Unemployment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

The more difficult situation is when an employee quits his/her job without prompting from the employer (often due to mistreatment by bosses or co-workers). There, you must prove you had 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 in Pennsylvania?

Here are some of the most common examples of a necessitous and compelling reason to quit your job:

1) demotion; 2) transfer to a different job location that creates a hardship; 3) significant change in work hours; 4) significant change in compensation; 5) significant change in job responsibilities; 6) a geographic change by your spouse for a new job that requires you to quit so that you may move along with him/her; 7) a job offer from a different employer (you must have the offer in hand before you quit your job); and, 8) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

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.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

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…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

16 comments:

Anonymous said...

My company is moving 20-30 minutes away. I know this is not to far, but I already drive 40 minutes to get there. I spend way to much on gas as it is and I can't pay more along with new tolls. Would this be a good enough reason for me to quit and collect so I can still support my family while looking for a new job?

Employment Lawyers said...

Anonymous:

Minutes are not the question so much as miles are.

This is a very fact specific question, and there really is no way to predict an outcome on the facts presented.

One thing for sure, you need to make a quick decision; the longer you commute tot he new location, the less chance you will have for quitting and getting UC benefits. Also, see if the employer can let you work from home from time to time.

Regards,

LaMusa75 said...

Hi, I've been working in the same company for five and a half years, but I have found it necessary for me to resign, due to geographic change by my husband for a new job That Requires me to quit to move Along with him, I currently live in Pennsylvania, and we are moving to Texas, my husband is already there. Do you think that I can get unemployment benefits if I quit?

Employment Lawyers said...

LaMusa75:

Yes, it should be easy provided that you can prove that you and your husband cannot afford to maintain two households if living apart. That is the key.

Regards,

John A. Gallagher

Anonymous said...

I was with my company for almost 4 years. I recently was given a new trial position I worked in for about 6 months, and trained someone to take my old one. The trial position I was in was eliminated and my employer offered me to resign instead of being terminated. So I would have a good mark on future resumes, and agreed they wouldn't contest unemployment claim. Do you think I will be deemed eligible by PA? I filed today.

Anonymous said...

}H}i i jus recently relocated from one state to another its gonna be really difficult to commute to and from work especially with 3 young children. }}}}If i was to resign what are the chances of being able to collect unemployment}?





Anonymous said...

I've been with my current employer for six years. Around the three year mark our company was bought out by a larger company, customers have started to verbally abuse me multiple times a day, and this has lead to massive amounts of stress. I was told to take 5 minutes away from customers, but the more I do that, it affects my schedule adherance and I get written up. I am also not able to meet my sales quota due to these changes and have been written up for this as well. Due to the stress I have taken days off to see a doctor and theropist, which also puts me over a limit and possible termination, both agreeing that my stress is high due to my job. I would rather quit to avoid a red flag on my resume, but if I quit due to stress, will I be able to collect?

Anonymous said...

Hi, I would like to know if I quit my job due to stress in Phila, can I collect unemployment? I work in Child Welfare and my daughter was raped and it has put a lot of pressure on me and my family with regards to the nature of my job. Is there any thing I can do ?
Thanks

Anonymous said...

I've recently been diagnosed as bi polar. My boss has been giving me a hard time before the diagnosis and has recently started up again. My work environment is exceedingly stressful to my condition and my concerns over these things has have been pretty much met with a lot of hassle and struggle on my part. I don't think I can stay at this job. There are too many "hostile" work environment factors to even list here. If I quit for health reasons( not sure I qualify for disability) am I eligible for unemployment ?

Anonymous said...

Hi I would like to know if I'm eligible for unemployment benefits if I resign due to medical condition. I am currently on a leave of abscence. But my condition is progressively getting worst. I am currently under the supervision of a psychiatrist and am on heavy medication.

Employment Lawyers said...

I have been remiss. Lallow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again,, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

Employment Lawyers said...

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again,, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

Employment Lawyers said...

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

Employment Lawyers said...

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

John A. Gallagher, jag@johnagallagher.com said...

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

Employment Lawyers said...

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!