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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.
NEED TO HAVE A VERY GOOD AND LEGITIMATE REASON
Can I Quit My Job and Get Unemployment Benefits in Pennsylvania? Lawyers Who Represents Individual in Unemployment Appeal Referee Cases
Allow us to explain some of the most common scenarios in which an employee who quits his/her job is entitled to unemployment benefits:
1) demotion 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 we will do our best.
* Employee is brought into a meeting and told that he/she is going to be fired immediately for some alleged misconduct, but is 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."
EXAMPLE: Joe is caught red-handed stealing money from the company. Joe is brought into a meeting, shown the video evidence of his theft, and offered the chance to resign NOW or be fired NOW. Joe resigns.
Although Joe resigned, unemployment will see this as a termination. That is good for Joe, so far (it is MUCH easier to win a termination unemployment case than a quit). Unfortunately, because Joe was (in essence) fired for theft, he will be denied unemployment benefits because theft is without question willful misconduct under the law.
HERE
ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:
Should I Hire a Lawyer for My Unemployment Appeal Hearing
in Pennsylvania?
Pennsylvania Unemployment Lawyer -
Willful Misconduct Referee Hearings
Seven Things to Know About The Pennsylvania Unemployment
Compensation Board of Review
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?
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