Friday, June 26, 2015

Your Employer Says if You Quit or Resign They Won't Fight or Contest Your Pennsylvania Unemployment Claim - That's Because They Won't Need to...

It is Far Easier to Get Unemployment Benefits if You Are Fired Versus if You Quit

When you quit or resign your job, that burden is on the EMPLOYEE to prove that he/she had a necessitous and compelling reason to quit.  That is a HARD burden to satisfy.

Proving You Had a Good Reason Under the Law to Quit
Burdensome, Indeed
In Pennsylvania Unemployment Claimants Who Quit Their Job Have a Hard Time Proving They Had a Necessitous and Compelling Reason to Resign

Click Here to read about what you need to prove to win a quit case under Pennsylvania law.

Employers Have the Burden of Proving They Had Good Reason to Fire You in Order to Defeat Your Claim for Pennsylvania Unemployment Benefits

Conversely, when a company fires an employee, it has to prove the employee did something wrong or bad (i.e. willful misconduct) in order to defeat the claim for unemployment benefits. This is a difficult burden for companies in many cases.

Make Them Carry the Water
So, when an employer says they will not fight your unemployment claim if you quit, they are really saying, here's a bag of hammers, have a nice day.

Uh, No Thanks!
Philadelphia Area Employment Attorney's Suggestion:  If Your Employer Wants You to Quit or Resign - Don't Do It 

The solution:  Politely decline to resign, and let them fire you.

Helping Pennsylvania Workers Since 1991
John A. Gallagher is an employment lawyer who has been advising Pennsylvania employees about their rights under various employment laws since 1991.

John resides in Malvern, Chester County, and routinely guides people living or working in Philadelphia, Chester, Delaware, Bucks, Montgomery, Berks and Lancaster Counties.

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