Sunday, October 3, 2010

Don't Quit That Job Pennsylvania Employees if You Want to Get Unemployment Compensation Benefits!


Unemployment Hearing Lawyers Representing Only Employees in Chester County, Montgomery County, Delaware County and Philadelphia

Should I Quit My Job in Pennsylvania?

One prominent management-side employment lawyer is fond of saying, with a great deal of zest I might 

add, "a quit is always better than a fire!"  His credo is the almost universal credo of all management.  Why does management feel that way?  Let's explore, and expose for you certain management philosophies and strategies in the process!

Employers' Goal

Chances are, if you are being asked to quit your job, your employer is thinking about trying to deny you unemployment benefits!  And, if they are asking you to quit, that usually (but not always) means that you haven't done anything bad to justify your termination.  That is, the employer does not really believe you engaged in "willful misconduct." 

If a desire to deny you unemployment benefits is not the primary issue for the employer (it's always part of the issue, trust us!), then it may be concerned that its treatment of you could give rise to some sort of employment-related lawsuit.  

The Old Carrot and the Stick Approach

If You Quit or Resign Your Job Without Good Legal Reason, Your Pennsylvania Unemployment Claim Will be Denied

That message is usually delivered something like this:  "Well, we'll pay you some severance, and we won't contest your claim for unemployment if you sign this release."  Then, you quit and, when you file suit, they say, " Your loss of wages came about not because you were [discriminated against, harassed, retaliated against, etc.], but because you quit your job.  If you had only given us a chance to fix the problem, we would have, and you'd still be happily employed today.  But you didn't, and we're not paying you anything because you are responsible for your loss of the job."  Or words to that effect!

Careful!


Release of Claims and Severance Offers for Employees in Pennsylvania

Of course, sometimes employers just want you to quit and sign a release in exchange for some severance so that they do not have to worry about you filing a baseless lawsuit against them.  If you polled HR in America, the overwhelming, vast majority (say 99%) would assert that such fears of totally baseless lawsuits are the only reason they ever offer severance.  They would say to me vigorously, "Who are you, a workplace advocate who has litigated numerous discrimination, etc. claims against companies over the past 20 years, to say otherwise?!" To which I reply, "Otherwise."  But that doesn't mean that the fear over baseless lawsuits from employees who are perceived to be "trouble" is not accurate. Believe me, many people get very angry when they are fired, and the EEOC's doors are always open to one and all.  So, I get that rationale is a valid reason for some offers of severance.

But, still, it begs the question -- why does the company want to insist that you quit your job? 
The Reason Your Employment Ended Will NOT Show Up On a Background Check

 Employers will often suggest that you should quit rather than being fired "so your record is clean."  What record?  Unlike public criminal records, or credit reports, there is no such thing as a public employment record.  Employers do not enter information about why you no longer work for them in any sort of database to be compiled and disseminated to future prospective employers.

So, we surmise, the most common factor in all employer requests for an employee's resignation is the employer's desire to avoid paying or being charged for the employee's unemployment benefits.

Not Alone a Basis for Denying Unemployment

 If You Are Fired for Poor Performance, You Still Get Unemployment Benefits in Pennsylvania

That's right, if you are fired for poor performance, you can can usually get unemployment benefits.  So, if the employer wants to get rid of you because it feels that you are "not up to the job," don't quit,  Make them fire you.  Why?

Risky, and to be Avoided in Most Cases Unless you Have a New Job Lined Up

Because if you quit, we can guarantee you that, either in their zest to defeat your claim for unemployment benefits or simply because they honestly "misremember" what exactly happened when you separated from employment, many (not all, but many) employers will tell unemployment that they weren't going to fire you.  If you quit and the Unemployment Referee believes your employer's testimony (that you quit) , you will be denied unemployment because you voluntarily quit your job without a necessitous and compelling reason. 

Thus, since no one will know whether you were a quit versus a termination, and your chances of getting unemployment depreciate significantly if you quit -- don't quit that job!  Further, quitting your job may have a significant impact on your rights under state and federal employment laws which exist, we might add, because the U.S. Congress, and the legal system have determined that, indeed, sometimes employers do terminate employees for illegal reasons.  Otherwise, indeed!

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

I am an Employee Being Subjected to Age Discrimination in Pennsylvania - Do I Have a Case?  Pennsylvania Contingent Fee Age Discrimination Lawyers

I Need a Reasonable Accommodation in Pennsylvania - What Can I Do? Americans With Disabilities Act Lawyers

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Is Your Boss a Bad Person - or Just a Bad Boss? Is Bullying at Work Illegal? Pennsylvania Contingent Fee Employment Lawyers Explain

Contingent Fee Discrimination Wrongful Termination Discharge Lawyers in Philadelphia Area

Why Hire An Attorney for My Pennsylvania Unemployment Hearing?

How Do I Appeal Unemployment in Pennsylvania? I Was Denied Unemployment Benefits and Need to Appeal of Have Appeal Hearing

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

BECAUSE I HATE YOU: The Reasons Why Many Employers Fight Unemployment Claims in Pennsylvania - and What You Can Do About It

Philadelphia Area Lawyer's Quick Answers to the Most Common Pennsylvania Unemployment Questions

Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Philadelphia Are Employment Attorneys Representing Employees

610-647-5027


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.

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