Thursday, January 26, 2012

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

CALL TODAY AND WE CAN DISCUSS YOUR CASE AT NO COST TO YOU

610-647-5027


My Employer Said It Would Not Contest My Claim for Pennsylvania Unemployment, So Why Am 
I Being Denied Benefits?




we receive many phone calls from employees who accepted early retirement benefits with a promise from their employer that it “would not contest unemployment,” only to later be denied unemployment benefits by the Pennsylvania Unemployment Service Center. Let's explore. 

In order to be eligible for unemployment compensation in Pennsylvania, you must be available for suitable work

Thus, the first inference drawn by Unemployment when you advise that you are no longer employed because you “took early retirement,” is that you have retired not just from your former job, but from all employment. Since true retirees by definition are presumed to no longer be looking for work, the Service Center will immediately lean towards denying you benefits on the grounds that you are not available for suitable work.

DOL Conducts It's Own Investigation

The Service Center will then contact your former employer, and ask it to provide truthful information as to why you are no longer employed.  Correctly believing that it is required to provide such truthful information to the Service Center, the company truthfully states that you took early retirement.  In the employer's mind, and in fact, merely telling the Service Center these facts does not constitute "contesting your claim."

Can I Get PA Unemployment Benefits If I Retire from My Job?

However, you can get over that hurdle by advising that you merely retired from your former job, but are still interested in pursuing employment.

Assuming you are not truly retired, the next (and biggest) problem you have is that your retirement was voluntary. A voluntary retirement is considered a voluntary quit. If you retire in order to obtain a severance or retirement benefits, but would otherwise have remained employed had you not elected to retire, you will not be entitled to unemployment benefits.

You Can Get Unemployment Benefits in PA if You "Retire" in Lieu of Immediate Termination

However, if you were given the choice between immediate termination and early retirement, and selected early retirement, you will be eligible for unemployment, provided that your termination was indeed imminent. If this option is presented to you, you should call an employment lawyer at once prior to accepting or rejecting the offer. The key here is that your termination must be imminent not, for example, something that will very likely occur a week, month or year down the road.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

Voluntary Severance Offers - How to Negotiate and What to Look for When a Company Offers Severance

Secrets to Severance Negotiations in Pennsylvania Revealed:  Philadelphia Employment Lawyers' Guide to Severance Laws and Strategies

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

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

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Can an Offer of Retirement Versus Termination be Evidence of Unlawful Age Discrimination?

We should note, also, that if you are given the option between retirement and immediate termination, there is a reasonable likelihood that your age is playing a role in the employer's decision-making. If that is the case, you may very well have an age discrimination claim. Hence, where such circumstances are presented to you, you should certainly consult with a qualified employment lawyer before making a decision on the options presented to you by your employer.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania 

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

Of course, the main dilemma one faces is weighing the benefits of the severance and benefits offered in connection with the RIF against the value of the unemployment benefits you receive if you are terminated as part of a RIF (if you are RIFed, you will be entitled to unemployment benefits – assume your benefits will be the equivalent of roughly 10% of your earnings, with the maximum being $575 per week). The dilemma is intensified because, in most cases, you will only be provided the retirement benefits if you sign a Release, which will eliminate your right to later file a lawsuit for age discrimination.

Philadelphia Are Employment Attorney Representing Employees
610-647-5027


We typically represents employee 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 Ardmore, Ambler, Bensalem, Boothwyn, Cheyney, Downingtown, Media, 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 us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Thanks for checking in with us.