Thursday, July 22, 2010

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

Careful...
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.

You May Want to Look at John's YouTube Video Discussing Whether Employees Who Resign from Work Are Eligible for Unemployment Benefits 




Unemployment Attorney Serving Phoenixville, Pottstown, Norristown, East Norriton, Reading, Bristol, Malvern, Paoli, Exton, Downingtown, Media, Radnor, 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.

You May Want to Look at My June 2014 Video Explaining What the Term Willful Misconduct Means Under Pennsylvania Unemployment Law




So, if you were going to be laid off THAT DAY due to alleged poor performance, elimination of your job due to reduction in force, lay off or other reasons unrelated to your violation of a work rules, you will get unemployment benefits if you choose to quit in lieu or immediate termination.

Did I Quit or Was I Fired?

In my 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.  Taking it a step further, employers often assert that the employee was called in only for discipline, but quit in a fit of anger. These can be tricky cases, so I typically advise my clients to think very carefully before quitting their job.

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 With Representing Employees in Referee Hearings in Bristol, Springfield, Malvern, Norristown 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)

7) 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).

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.

Philadelphia Area Employment Lawyer

Helping Workers Since 1991

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.

29 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

stitcher719 said...

My daughter is being subjected by her boss to verbal abuse numerous times a day. He also changes her schedule so that she is supposed to work when was told she could be off to attend her college classes. She says he does this to front office staff to make them quit so he doesn't have to give raises. So far as I can tell, she's not being discriminated against for race, gender, etc. , but no one should be subject to working conditions like this. What are her options?

Anonymous said...

I work in a insurance office and get paid salary and commission. I make most of my money on the commission. I ran a office in the city where it was busy and a lot of sales. The agency I worked for closed that office and moved me up to the suburbs office. There is a lot less sales here, practically nothing. I had to move back to the burbs, with my parents. I do not make nearly enough money to survive on my own now. It was like taking a big pay cut. Am I able to quit and collect?

chiquita rita said...

I needed to switch positions at work from fulltime night shift to a per diem position. The company at the time was advertising for per diem help with the same qualifications I have. 4 weeks prior to me requesting this they allowed another employee to do the same thing. I had a good work record for 6yrs with the company. The reason I needed to switch was because of a relationship break up which changed my babysitter situation. I talked to my superviser about this. I was told to just put this in writting. I did. I said I wanted to resign from my fulltime position to per diem, which also had the hours I needed. A few days later I was called by the HR person and told I was not going to work per diem and my position was already posted for bidding! He added its at the companys discrection who can and can not switch, so I was out of a job.
Will I be approved for unemployment?

Anonymous said...

Hi, I had a baby prematurely and my six weeks are almost over, but the baby will remain in the hospital at least another month. If I resign will I be able to collect unemployment.

carebear016 said...

I work in a very hositle work environment the owner runs around screaming at everyone all the time they tell me on a regular basis that I am stupid, he says this infront of a whole room full of people and I was told there is nothing that I can do about it because he does it to everyone in the shop. This job has caused me to hate my life hate getting up every day to go to work. If I were to quit would I be able to collect unemployment?

carebear016 said...

I work in what I consider to be a very hostile work environment. The owner runs around the shop screaming at everyone telling them how stupid they are and how they can not do anything right. There are certain people there that are treated on a whole different level than everyone else. I get told on a regular basis that I am stupid. I have been working for this company for 7 years now and I have been told I can not file and complaints because he does not single me out in this treatment. But working in this environment has made me hate life, makes me feel worthless, makes me hate getting up every day to go to work. If I were to quit would I be eligible for unemployment. I can not afford to be out of work but I can not see me staying.

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!

Robert Armstrong said...

Hello at my recent job we work a crazy amount of hours in a week over 60 almost every week and my boss yells and screams at us all day non stop he is a crazy person he has to be bi-polar and i cant take it anymore and this winter was extremely cold also making it worse being outside for 50% of a 14 hour shift. i was there for a year and 3 months and finally i left.... I filed already for uc benefits already but was denied because "I put that I was going to go back to school. i told my boss back in December that i needed a day off a week for a couple months while i was going to school starting in February at the time this was not a problem. then February comes along and he says he cant give me a day off a week for school."... and that was my plan to go back to school for my wastewater operator cert. but now i cant because of no income to pay for school. and the notice of determination paper i received says school doesn't cut it to receive uc benefits....so what does my boss being physco, him calling me a loser for biting my fingernails? i am going appeal this case but i don't know where to start...can i now state on this appeal he is crazy and works us to death or do i still have to say i was going to go to school......i decided that back in November that going to school was the best way to get out of this slave of a job and now im screwed out of a job and cant afford school...please help if you can thanks F150

Robert Armstrong said...

Hello at my recent job we work a crazy amount of hours in a week over 60 almost every week and my boss yells and screams at us all day non stop he is a crazy person he has to be bi-polar and i cant take it anymore and this winter was extremely cold also making it worse being outside for 50% of a 14 hour shift. i was there for a year and 3 months and finally i left.... I filed already for uc benefits already but was denied because "I put that I was going to go back to school. i told my boss back in December that i needed a day off a week for a couple months while i was going to school starting in February at the time this was not a problem. then February comes along and he says he cant give me a day off a week for school."... and that was my plan to go back to school for my wastewater operator cert. but now i cant because of no income to pay for school. and the notice of determination paper i received says school doesn't cut it to receive uc benefits....so what does my boss being physco, him calling me a loser for biting my fingernails? i am going appeal this case but i don't know where to start...can i now state on this appeal he is crazy and works us to death or do i still have to say i was going to go to school....... i decided that back in November that going to school was the best way to get out of this slave of a job and now im screwed out of a job and cant afford school…please help if you can with some advice thank F150

Anonymous said...

I have been with my (small) company for 4 years. I have been moved to different offices 2 times already, the last move I wasn't very happy about because of distance but I did it, one year on & I find out they want me to move again this time to NJ. This new office is an additional 9 miles added to the already 22 mile commute I have to my current office. I spoke to my employer & expressed that I am not sure about moving to this new office because of the now over 30 mile commute & the fact of working in a different state (is there tax implications living in Pa & working in NJ? ) his response was if i don't want to move that there will not a position available for me in any of the Pa offices. With that response does that mean I'm being laid off or would it be looked at like i quit. If it's looked at like i quit could i still apply for UC Benefits.

Anonymous said...

Hello,

I started seeing a psychiatrist 1.5 years after working for my employer. I am currently on FMLA because the stress level is so high, I currently have anxiety which has also led to depression. While at work, I break down because the work environment and the job does not help my situation. At this point, I am looking to quit my job to get peace of mind. The reality is, I need FMLA in order to quit my job, and of-course my employer is always on my case. If i do decide to resign for my sanity sake, will i be able to collect unemployment?Thank you for your time

Anonymous said...

I want to know if i quit my job do to the fact that my employer is switching my hours from days to nights. they are also reducing my hours i will be going from 34 plus hours down to 20-23 hours a week. which i will no longer be doing my job duties that i am doing right now. plus i live in new york and i commute with co workers to pa for work and i will no longer have a ride do to the fact nobody that is commuting is staying. could i collect unemployment if i quit do to these circumstances

Anonymous said...

So if I inform my employer that I am moving to a new location and as such looking for a new job in that area and will give notice once I find a new job, can I collect UC if my employer lays me off rather than waiting for me to quit?

Anonymous said...

I am working hours and not being paid. When I was sick just recently I was chewed out and I couldnt help being sick and it isnt all the time. I am beig treated unfairly and was wondering if I would recieve benefits if I quit.