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We are Philadelphia area employment lawyers who assist Pennsylvania employees located in towns such as King of Prussia. West Chester, Media, Norristown, Villanova, Wayne, Paoli, Bryn Mawr and Wayne across a broad spectrum of matters.
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After we provide a brief overview of the basic requirements concerning the deadline for submitting one's initial application for Pennsylvania Unemployment benefits under the Pennsylvania Unemployment Compensation Law ("the Law"), we will explore a recent decision by a Pennsylvania appellate court that addresses the requirements when one is receiving severance pay.
Do I Submit My Initial Application for Unemployment Benefits in Pennsylvania After the Last Day that I Worked or After I Receive My Final Paycheck?
For all practical purposes, a person is deemed "unemployed" under the Law as of the last day the employee worked. You should as a general rule file your claim within two-weeks of your last date of work - whether you are getting severance or not!
Severance and Pennsylvania Unemployment - Doing the Math
Voluntary Severance Offers - How to Negotiate and What to
Look for When a Company Offers Severance
Questions? We will spend 5-10 minutes with you discussing your current work
situation, your disability/FMLA leave, your non-compete agreement, your wage
claim, your unemployment claim or your potential lawsuit at no charge to you. 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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| Severance Payments Can Cause a Great Deal of Confusion Under Pennsylvania's Unemployment Compensation Law |
After we provide a brief overview of the basic requirements concerning the deadline for submitting one's initial application for Pennsylvania Unemployment benefits under the Pennsylvania Unemployment Compensation Law ("the Law"), we will explore a recent decision by a Pennsylvania appellate court that addresses the requirements when one is receiving severance pay.
Do I Submit My Initial Application for Unemployment Benefits in Pennsylvania After the Last Day that I Worked or After I Receive My Final Paycheck?
For all practical purposes, a person is deemed "unemployed" under the Law as of the last day the employee worked. You should as a general rule file your claim within two-weeks of your last date of work - whether you are getting severance or not!
Click to read more: When
Should I File My Initial Application for Pennsylvania Unemployment Compensation
Benefits? What is the Deadline for
Applying for Pennsylvania Unemployment Compensation?
Should I Wait Until After my Last Severance Payment to Apply for Pennsylvania Unemployment Benefits?
No!
The Law provides for a partial and/or complete reduction of benefit eligibility for individuals who receive in excess of a certain threshold of severance pay (as of August 2016 the figure is +/-$19,400).
Click to read: Severance
and Pennsylvania Unemployment - Doing the Math
Notwithstanding this rule, and the impact your severance may have on your right to benefits, a claimant should file his/her initial application for benefits just as they would if they were receiving no severance at all. In the course of doing so, claimants should provide the terms of their severance arrangement to the Service Center, which will thereafter advise as to how to proceed in the future.
In the Pennsylvania Commonwealth Court's 2015 Decision in Krum v. Unemployment Compensation Board of Review, the Court Held That a Claimant Who Waited Too Long to Apply for Unemployment Compensation Was Completely Disqualified from Receiving Benefits
The following passages from the Pennsylvania Commonwealth's Court's December, 2015 decision in Krum make clear that even an honest and reasonable mistake will not save a claimant who files claim for benefits too late:
The essence of Krum is as follows:
1) if you become unemployed and are receiving a severance, file your claim just one would if he/she was not receiving any severance pay at all;
2) in your initial application, provide the Commonwealth with the terms of your severance arrangement;
3) if the Service Center does its job properly, you will thereafter receive notice as to the impact of your severance arrangement upon your eligibility for benefits, which notice will inform you as to the date on which you will become eligible for payment of full benefits (in Krum, the date was October 11, 2014 and the full benefit amount was $573);
4) thereafter, you need not submit bi-weekly claims for benefits until the date of your eligibility for full benefits. However, you must submit a bi-weekly claim for benefits within 2-weeks of said date, or suffer a total loss of eligibility.
Click Here to read more concerning the backdating principles set forth in 34 Pa. Code §65.43a(e) discussed in Krum.
Philadelphia Area Family and Medical Leave (FMLA)
Attorneys Helping Employees With Leave Requests and Short-Term Disability
Applications
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| If You Do Not File a Timely Claim for Benefits, You May be Completely Disqualified |
In the Pennsylvania Commonwealth Court's 2015 Decision in Krum v. Unemployment Compensation Board of Review, the Court Held That a Claimant Who Waited Too Long to Apply for Unemployment Compensation Was Completely Disqualified from Receiving Benefits
The following passages from the Pennsylvania Commonwealth's Court's December, 2015 decision in Krum make clear that even an honest and reasonable mistake will not save a claimant who files claim for benefits too late:
In June 2014,
Claimant filed an initial application for UC benefits with an effective date of
June 8, 2014. Claimant also advised the local UC service center that his
employer was paying him severance pay. Shortly thereafter, Claimant received a
notice of determination from the Department finding him ineligible for benefits
because of a deduction of severance pay for the week ending June 14, 2014
through the week ending October 4, 2014. However, and of special significance
here, the notice further advised Claimant that he would be eligible for $573 in
weekly benefits beginning the week ending October 11, 2014. Claimant also reviewed information in the UC
Handbook informing him that the Department would deduct severance pay from his
UC benefits...
Claimant received
his last severance pay on January 30, 2015.
On February 2, 2015, Claimant contacted the UC Office, which informed
him he could have reopened his claim for benefits as of the week of October 5,
2014…
Essentially,
Claimant testified the language of the UC Handbook and the Department’s notice
of determination misled him into believing he could wait until he stopped
receiving the severance payments to reopen his claim for UC benefits because he
only had nine-and-a- half weeks of eligibility left…
Clearly, both the
Department’s notice and a UC representative apprised Claimant that he would be
eligible for UC benefits beginning the week ending October 11, 2014. Therefore, Claimant’s decision not to reopen
his claim until he received his last severance payment cannot be attributed to
an error or mistake by the Department.
Consequently, we discern no error in the
Board’s decision denying Claimant’s request to backdate his claim six weeks
under 34 Pa. Code §65.43a(e). In short,
Claimant’s subjective confusion, based on his interpretation of the Handbook
and notice of determination, does not equate to an error or mistake by the
Department. Rather, as the Board
determined, Claimant’s circumstances, based on his own interpretation of the
Law’s severance deduction, after having been specifically advised by the UC
authorities to reopen his claim the week of October 5-11, 2014, warrant, at
best, a two-week backdate under the “reasonable and good faith efforts” ground
for extended filing in 34 Pa. Code §65.43a(e).
 |
| Provide Accurate Information and Guidelines Should be Made Clear |
If You Wait Until You Have Received Your Last Severance Payment to File an Initial Claim for Pennsylvania Unemployment Compensation, You Will Be Deemed Completely Ineligible for Pennsylvania Unemployment Compensation
The essence of Krum is as follows:
1) if you become unemployed and are receiving a severance, file your claim just one would if he/she was not receiving any severance pay at all;
2) in your initial application, provide the Commonwealth with the terms of your severance arrangement;
3) if the Service Center does its job properly, you will thereafter receive notice as to the impact of your severance arrangement upon your eligibility for benefits, which notice will inform you as to the date on which you will become eligible for payment of full benefits (in Krum, the date was October 11, 2014 and the full benefit amount was $573);
4) thereafter, you need not submit bi-weekly claims for benefits until the date of your eligibility for full benefits. However, you must submit a bi-weekly claim for benefits within 2-weeks of said date, or suffer a total loss of eligibility.
Click Here to read more concerning the backdating principles set forth in 34 Pa. Code §65.43a(e) discussed in Krum.
610-647-5027
We typically represent workers who need an
employment lawyer throughout Southeastern Pennsylvania, including those working
in Philadelphia County, Delaware County, Montgomery County, Bucks
County, Chester County, Berks County and Lancaster County.
Pennsylvania Unemployment Compensation Lawyers Helping Employees With Unemployment Compensation Issues Benefit Applications, Claims, Questionnaires, Appeals and Referee Hearings
Pennsylvania Unemployment Hearing Lawyers Will Discuss Your Benefit Issues
If you believe you require guidance concerning a Pennsylvania Unemployment Compensation Issue, and reside in or near the Philadelphia area, 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.
We have represented employees who live or are employed in or near Ambler, Chadds Ford, Berwyn, Paoli, Manayunk, Roxborough, Lansdowne, Bethlehem, Bird In Hand, Birdsboro, Birmingham, Boothwyn, Bowmansville, Boyertown, Bridgeport, Bristol, Brookhaven, Brownfield, Bryn Athyn, Buckingham, Levittown, Limerick, Abington, Allentown, Collegeville, Blue Bell, Eagleville, Norristown, Drexel Hill, Oaks, Doylestown, Coatesville, Lionville, Newtown Square, Broomall, Aston, Avondale, Burlington, Caln, Chadds Ford, Chalfont, Charlestown, Chester, Concordville, Conshohocken, Coventry, Cranberry, Crum Lynne, Darby, Daylesford, Devault, Douglassville, Eagleville, East Bradford, East Brandywine, East Coventry, Villanova, Bryn Mawr, Landale, Lancaster, Malvern, Paoli, Downingtown, Phoenixville, Havertown, Springfield, Blue Bell, West Chester, Media, Nether Providence, Devon, Philadelphia, Allentown, Bethlehem, Norristown, Cheltenham, Chester Springs, Audubon, and East Fallowfield.
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