Monday, April 9, 2012

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

YOU MAY BE ELIGIBLE FOR UNEMPLOYMENT IN PENNSYLVANIA EVEN IF IF YOU QUIT YOUR JOB - RULE 402(b)

If you quit your job, you may be eligible for PA unemployment benefits if you had a necessitous and compelling reason to quit.  This video recently published by John discusses some of the most common examples of a necessitous and compelling reason to quit your job (and the common situation arising when a worker quits in lieu of an immediate discharge):


Can I Quit My Job and Get Unemployment Benefits in Pennsylvania?  Lawyer in Chester County Who Represents Individuals in Unemployment Referee Cases
 
Allow me to explain some of the most common scenarios in which an employee who quits his/her job is entitled to unemployment benefits:

May Be Entitled to UC Compensation...
1) demotion (typically with resultant significant reduction in earnings);

2) transfer to a different job location that creates a hardship (likely the job will have to be more than 50 miles away);

3) significant change in work hours resulting in significant hardship (think: working overnights, or having to get new child care);

4) significant (negative) change in compensation (think:  more than 25%);

5) significant change in job responsibilities (must be a demeaning-type change);

6) a geographic change by your spouse for a new job that requires you to quit so that you may move along with him/her;

7) a job offer from a different employer (you must have the offer in hand before you quit your job);
and,

8) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

If You Resign from Your Employment Instead of Being Terminated You May Be Entitled to Unemployment Compensation in Pennsylvania

In addition to the above scenarios, there is one other, very common, scenario under which an employee who resigns from his/her job may nevertheless be entitled to unemployment.

It is a little complicated to lay out in a simple, brief form in writing, but I will do my best.

*  Employee is brought into a meeting and told that he/she is going to be fired immediately for some alleged misconduct, but are given the option to resign in lieu of termination.

*  Employee chooses to resign.

*  Under the law, this is deemed a termination, not a quit.

Under this scenario, employee can win unemployment benefits provided that employer cannot prove that the reason employee was going to be fired constituted "willful misconduct."

Here is my video discussing what happens at a Pennsylvania Unemployment Hearing for "willful misconduct:



Philadelphia Are Employment Attorney Representing Employees at Unemployment Hearings

John A. Gallagher, Esquire
Representing Claimants in Unemployment Hearings
in Philadelphia Area

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.


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