Monday, April 9, 2012

I Was Fired From My Old Employer and Now My New Employer Has Laid Me Off - Can I Get Pennsylvania Unemployment Benefits?

I Was Fired From a Job, But Got a New Job Before I Filed For Unemployment; If I Get Laid off From My New Job Can I Get Unemployment?

Yes, in some cases.

For example, if you were not fired from willful misconduct from your old job, you will have no problem getting benefits (your old employer may try to fight your claim by filing for Relief From Charges, so you may have to prove that you were not fired for willful misconduct in order to become eligible).

John's Video re: Willful Misconduct Unemployment Hearings in Pennsylvania:



Or, even if you were fired for willful misconduct from your old job, you can get benefits as a result of your layoff if, while employed by your new employer, you earned 6x your weekly benefit rate or more.

Example:  Your Base Year earnings were $55,000, so you are entitled to benefits of $573 a week if you are eligible.  While employed with your new employer, you earned $3,438 (i.e. 6x your weekly benefit rate).  So, even though you were fired for willful misconduct from your old employer, you are still entitled to unemployment.

Under either of the above scenarios, your old employer will file for Relief From Charges. 

If you earned less than 6x your weekly benefit rate from your new employer, you will have to go to an Unemployment Hearing and prove you did not engage in willful misconduct.

If, on the other hand, you earned more than 6x your weekly benefit rate from your new employer, you need not worry about your old employer, and need not go to the Hearing.

Philadelphia Are Employment Attorney Representing Employees

Representing Pennsylvania Employees 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:

human resources los angeles said...

useful information given related to employee benefits...