Monday, August 22, 2011

My Work Assignment Ended, So Why is my Employer Saying I Quit My Job?


IF I REFUSE A NEW JOB OR WORK ASSIGNMENT, CAN I STILL GET UNEMPLOYMENT BENEFITS IN PENNSYLVANIA?


The answer to the question that is the title to this Blog entry is as follows:  to deny you unemployment benefits.

Here are some scenarios:

*  You were hired by a temp agency to do complete an assignment.  When the assignment ended, you were not offered any additional work by the temp agency (or you were offered work that was not "suitable" - see discussion below).  However, temp agency claims it offered you work, and characterizes your refusal to accept (such alleged) work as proof that you quit your job.

NOTE:  Temporary employees often face some hurdles if they have worked as 1099 employees (independent contractors). 

*  You employer decides to eliminate your job but offers you another job either immediately prior to your last day of work or thereafter.  When you refuse the (alleged) job offer, it characterizes your conduct as a "voluntary quit."

Why do I keep saying "alleged"?  Well, it is my experience that employers rarely put these offers in writing, and rarely are willing to provide any detail as to the specifics of the offer.

Well, you ask, why don't they put these offers in writing? 

Call us paranoid, but our experience has been that employers in this situation really do not want to keep the employee employed.  Why?  I guess the most common reason is that the financial circumstances that led to the end of the job in the first place is the reason that employers want to "cut bait" with the employee in question. 

For those on temporary assignment, it's usually because a new assignment is not really available.

So, you ask, why aren't employers simply honest about what is going on?  Again, call me paranoid, but my experience is that they engage in this charade in order to avoid unemployment compensation obligations.

Did You?

IS THIS A VOLUNTARY QUIT CASE OR A SUITABLE WORK CASE UNDER PENNSYLVANIA UNEMPLOYMENT LAW?

Well, employers want it to be a voluntary quit case, because it is very hard to prove that one has a "necessitous and compelling reason" to quit a job, so as to be qualified for unemployment benefits. 

However, to call these quit cases is usually plain wrong.  The fact is, these cases are correctly characterized as "suitable work" cases.  What does that mean?

If an employee has lost his/her job, then the employee must accept any offer of "suitable work" or else be disqualified from receiving unemployment.

In the scenarios described above, what has really happened is that the employee has lost his/her job.  Thus, the new job that is being offered is actually an offer of a new job, and must be accepted only if it is described in detail and is suitable.

WHAT IS SUITABLE WORK UNDER PENNSYLVANIA UNEMPLOYMENT LAW?

In general, it is a job that is in nearly all regards similar to your prior position with regard to pay rate, location, responsibilities, shift times, etc.  If you used to manage people, a job cleaning toilets is not suitable.  If you used to make $22 per hour, a job paying you $11 is not suitable.  If you used to work 40 hours per week, a job offering you 12 hours per week is not suitable.  If you used to work in Philadelphia, a job in Pittsburgh is not suitable. If you used to work the 7 a.m. to 3 p.m. shift, a job offer for the overnight shift is not suitable.

Click to Read What Does Pa. Dept. of Labor say about "Suitable Work."

If you are facing a scenario such as described above, it is a good idea to require the employer to set forth the terms and conditions of the "new job" in writing.  Put your request for such specifics in writing, and send it to your contact at the company.  If things become further complicated (and they often will because employers who are trying to "get over" will refuse to put the alleged offers in writing), it may be a good idea to contact a qualified unemployment lawyer in your area to make sure that you have protected yourself so as to insure your entitlement to unemployment benefits.

Further, if you have an unemployment hearing coming up that involves a scenario such as described above, there are some rigid legal requirements for employers in such circumstances that a skilled unemployment lawyer can utilize to help you win your case!

Your Former Employer Has Handled Many Unemployment Appeal Hearings
So Have We!

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?

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

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

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

Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Appeal Hearing -  Experienced Unemployment Lawyers Explains Why They Are Generally Irrelevant

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Pennsylvania's Unemployment Compensation Board of Review - Philadelphia Lawyers Who File Appeals With Unemployment Board of Review

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job?  

Overpayments Under Pennsylvania Unemployment Law - Fraud, Non-Fraud, At Fault, Non-At Fault- Can I Go To Jail for an Unemployment Overpayment in Pennsylvania?

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

Can I Get Unemployment In Pennsylvania If I am Working a Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing Unemployment Benefits?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

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.

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If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

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