Monday, April 9, 2012

I Quit my Old Job and Now I was Laid Off From my New Job - am I Eligible For Unemployment in Pennsylvania?

Yes, in some cases.

In order to evaluate this situation, one must understand several terms and principles common to PA unemployment law.

First, if you had a job offer in hand from the new prospective employer when you quit your job, then you are deemed to have quit with a necessitous and compelling reason and would be eligible for unemployment benefits.

John's Video on necessitous and compelling reason to quit job under Pennsylvania unemployment law:



If you did not have an offer of employment from the new employer in hand when you quit, you may need to prove that you had necessitous and compelling reason to quit the old job UNLESS you earned 6x your weekly benefit rate from your new job before you were laid off from your new job.

Under either of the above scenarios, your old employer may try to fight your claim by filing for Relief From Charges.  To understand whether you need to fight that, you need to understand how your Base Year earnings are calculated.

In short order, though, if  you earned more than 6x your weekly benefit rate from your new job, you need not worry about fighting the request for Relief from Charges filed by your old employer.  If you did not, then you will have to fight your old employer by attending an Unemployment Hearing and proving you had a necessitous and compelling reason for quitting your old job.

Philadelphia Are Employment Attorney Representing Employees

Representing Pennsylvania Workers Since 1991
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

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.


1 comment:

Anonymous said...

What if the exact opposite occured and I was laid-off by my first employer and fired by my second?