They Don't Use Pink Slips Anymore
If you were the subject of an involuntary loss of employment over which you had no control, then you
were terminated, laid off or the victim of a reduction in force. If that is the case, the key is to state in your initial application exactly what you were told by your employer was the reason you were no longer employed - as opposed to stating what you may believe is the "real reason" that you were let go.
Did You Make the Decision to Leave Without Prompting from the Company?
If you chose, on your own accord, without prompting from the employer ("quit now or your fired now" is NOT a quit), to leave your job, and made that final decision through your words ("I quit!") or deeds (i.e. you did not report to work when scheduled for your next shift), then you quit your job.
Most frequently, people quit like that 1) when they have another job; or 2) have simply become fed up with the job and cannot tale it anymore. Those in the first category need not worry about unemployment benefits; those in the second will have a VERY hard time getting benefits (lots of people are fed up with their jobs).
NOTE: If the employer did not tell you why you were being terminated, but did not say you were being laid off or let go due to a reduction in force, state that you were terminated, and that no reason was provided to you as to why.
What do I Say When I am Asked Why I am no Longer Employed When I Apply for PA Unemployment Benefits?
OK, this is the question that trips a lot of people up, for a variety of reasons. The choices that you are provided are, in general:
* Laid Off
* Lack of Work
* Reduction in Force
* Termination/Fired
* Quit
It is KEY that you accurately state in your application the reasons that you were told your employment was ending (if involuntarily separated from employment) or that you quit (if that is what happened). If you do not, you may find yourself in serious hot water down the road, as discussed below. Below is an explanation as to what each term on the application means, and why it is critical that you get this right when you file your initial application.
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| This is NOT a Lay Off |
What Does it Mean to be Laid Off Under Pennsylvania Unemployment Law?
It means that you have been let go because your position is being eliminated through no fault of your own. If you were laid off, your parting was bittersweet; there was no hostility, the employer did not accuse you of doing something wrong, there was not a dispute that preceded your loss of employment. Usually, a lay off occurs when the business changes direction so that your job is no longer needed (i.e. machine replaces you, company stops selling product you were selling, company stops manufacturing product you were making, etc.).
Most people that get laid off are offered severance.
What Does it Mean to be Let go for Lack of Work Under Pennsylvania Unemployment Law?
Usually, this category applies to seasonal workers, who often expect to be called back to the job the following spring.summer.fall.winter. Interestingly, we see a lot of people check off this category when they dispute the "real reason" they were fired. Not a good idea, for reasons discussed below.
What Does it Mean to Lose Your Job Due to a Reduction in Force Under Pennsylvania Unemployment Law?
A RIF is a lot like a lay off, except it usually means that you were one of many people (think 10 or more) that were let go, all at the same time. Again, no rancor, no hostility, no fault. Just caught up in the numbers.
Most people that are RIFed are offered severance.
Most people that get laid off are offered severance.
What Does it Mean to be Let go for Lack of Work Under Pennsylvania Unemployment Law?
Usually, this category applies to seasonal workers, who often expect to be called back to the job the following spring.summer.fall.winter. Interestingly, we see a lot of people check off this category when they dispute the "real reason" they were fired. Not a good idea, for reasons discussed below.
What Does it Mean to Lose Your Job Due to a Reduction in Force Under Pennsylvania Unemployment Law?
A RIF is a lot like a lay off, except it usually means that you were one of many people (think 10 or more) that were let go, all at the same time. Again, no rancor, no hostility, no fault. Just caught up in the numbers.
Most people that are RIFed are offered severance.
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
I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania
Pennsylvania Unemployment
Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS
The Burden of Proof in a
Pennsylvania Unemployment Appeal Referee Hearing
Should I Resign or Let Them Fire Me? What Happens If I
Quit My Job? What Rights Do I Lose If I Resign or Quit From My Job?
YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE
Can I Get Unemployment In Pennsylvania If I am Working a
Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing
Unemployment Benefits?
When Should I State That I Lost my Job Due to a Termination When Applying for Pennsylvania Unemployment Benefits?
If the company told you that you were fired or being "let go" because of your alleged poor performance, or because you allegedly did something wrong, then you were terminated. It is that simple. A termination is typically an unpleasant situation characterized by accusations, denials, etc. If your employment ended with an unpleasant bang in a room where you were surrounded by HR, your manager, etc., and told you did something wrong, you were terminated (unless you elected to quit or resign in lieu of termination - which is usually a bad idea).
People that are terminated are sometimes offered severance, but just as often are not.
When Should I State in my Application for Pennsylvania Unemployment Benefits That I Quit my Job?
If you are no longer employed, and your former employer never EXPLICITLY stated that you were laid off, subject to reduction in force or terminated, then you quit your job. Sometimes, a quit is clear, such as when an employee submits 2 weeks notice to take another job, or to move away, or because they are just plain unhappy with their current job. Where it gets confusing is when a person feels that he/she was forced to quit, or when they quit because they thought they were about to be fired.
From the Employer's Perspective:
"A Quit is Always Better Than a Fire"
Experienced employment lawyers will tell you, quitting should be a LAST resort. Virtually all companies live be the creed: "A Quit is always better than a fire." That is because when employees quit because they are "unhappy," they usually sacrifice most of their legal rights, starting with unemployment benefits.
So, let them fire you. Otherwise, you may have a hard time getting unemployment benefits on the grounds that you quit your job without a legally sufficient reason. There are circumstances when a person who quits is entitled to unemployment benefits, but it is generally much harder to get benefits if you quit than if you are terminated.
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| The Service Center Will Investigate Your Claim |
What Happens if I State an Incorrect Reason for the Loss of my Job When I Apply for Unemployment Benefits in Pennsylvania?
Most people know, deep inside, as a matter of intuition perhaps, that if they state on their application that they were laid off, let go for lack of work or the victim of a reduction in force, they will automatically be granted benefits. That is true, to a point. You will automatically receive benefits if you state you were laid off, let go for LoW or RIFfed. However, even as your first check is being cut by Unemployment, the UC Service Center is sending a questionnaire to your former employer, asking it why you are no longer employed. If the employer says you were terminated, or that you quit, an investigation will commence.
This could lead to a Hearing before an Unemployment Referee and, if the employee loses he/she will be denied future benefits, and asked to repay the benefits already received. To top it off, if it is determined that you received your initial benefits because you were untruthful in your initial application, you will be charged with an "at fault overpayment." This is not a good thing. In fact, it is a very bad thing.
In our experience, many people who are terminated believe that the reason they were told they were being fired is factually incorrect (i.e. they are innocent of the "crime"), or was pretextual (i.e. a lie designed to cover up some other "true" reason such as downsizing, discrimination, etc.). People thinking in this way tend to select laid off, let lack of work or RIF as the reason they are no longer employed when completing their initial application. They figure they will get immediate benefits, and maybe unemployment won't check out their story.
This can lead to major problems. If you were terminated, recite in your application what the employer told you were the reasons for your termination, even if you believe they were lying, or incorrect. Then, fight for your claim down the road by proving that you did not engage in willful misconduct, and are therefore entitled to unemployment benefits. In many cases, the final battle on this issue is at the Referee Hearing.
We have also on many occasions seen employees who quit their job due to a dispute state they were laid off, let go for LoW, RIFfed or terminated, on the grounds that, since they feel they were forced to quit, they were in fact fired.
This is not a good idea at all. It can lead to an at fault overpayment. Instead, state that you quit and why, and fight it out down the road.
Pennsylvania
Employment Attorney Provides Free Telephone Consultations
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We are employment lawyers who represents employees in Pennsylvania.
We 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 Attorneys Provides Free Telephone Consultations
If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, 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.
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