Monday, April 9, 2012

I Was Fired From My Old Employer and Now My New Employer Has Laid Me Off - Am I Eligible for Pennsylvania Unemployment Benefits?


 
The End of One Journey, and Beginning of Another

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 your old job due to willful misconduct, 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).

Or, even if you were fired for alleged 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.

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