I Need an Experienced Philadelphia Unemployment Hearing Lawyer
You Should File Within a Week of Your Job Ending -
Even if You are Getting Severance
When Am I Deemed "Unemployed" From My Full-Time Job So That I Am Eligible for Pennsylvania Unemployment Benefits?
Knowing when to file a claim for Pennsylvania Unemployment Compensation is not always an easy thing to determine. Here is a basic overview of the laws that regulate this issue. Given the wide variety of circumstances that sometimes make the question of knowing when to file difficult to answer, we will provide only general guidelines applicable in most cases.
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| Do Not Outsmart Yourself - File Within 2-Weeks of The Last Date That You Worked UNLESS You Are Going to be Paid for Longer Than That |
Section 401(c) of the Pennsylvania Unemployment Compensation Law (43 P.S. §801(c))
Section 401(c) of Pennsylvania's Unemployment Compensation Law ("the Law") provides that unemployment compensation shall be payable to an employee who has "become unemployed" and who “has made a valid application for benefits with respect to the benefit year for which compensation is claimed and has made a claim for compensation in the proper manner and on the form prescribed by the department.”
Section 401(c) of the Pennsylvania Unemployment Compensation Law (43 P.S. §753(u))
The definition of "unemployed" is found at 43 P.S. § 753(u) and reads as follows:
An individual shall be deemed unemployed (I) with respect to any week (i) during which he performs no services for which remuneration is paid or is payable to him and (ii) with respect to which no remuneration is paid or payable to him, or (II) with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly benefit rate plus his partial benefit credit.
Perhaps the proper interpretation of this provision is that one is fully "unemployed" if during any given week he/she 1) provides no services for which payment is expected in the future; and 2) is not paid a regular payroll paycheck.
Next, let's touch upon two common areas of confusion that discussed elsewhere more fully - severance and "stay on" arrangements.
When Should I File for Pennsylvania Unemployment Compensation if I am Terminated but Receiving Severance Pay? Should I Submit my Application for Unemployment Benefits if I am Told That I am No Longer to Come Into Work but Will Continue to be Paid?
Two relatively common situations often confuse Pennsylvania employees (and for good reason) when it comes to the issue of when to submit an initial application for benefits under the Law.
The first situation is when severance pay is offered and accepted.
The second is when an employee is told that he/she need no longer come into work, but shall continue to be employed by the company and will be continue to be paid as an employee for a finite period of time.
Severance payments are NOT a regular payroll paycheck. Therefore, you should file for benefits within the time-period required for all claimants, NOT when you are done receiving severance payments, and in doing so inform the Service Center as to your severance arrangement.
HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:
Should
I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?
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| When in Doubt, Submit Your Application and Explain Situation to the Service Center |
On the other hand, if on June 1 you are told that you no longer need to come into work, but will continue to be employed through June 30 and will receive regular bi-weekly payroll checks throughout June, you will not become "unemployed" until you receive your June 30 payroll check.
What Are the Application Procedures for Filing for Pennsylvania Unemployment Compensation Benefits?
All of the procedures relating to filing claims for benefits are found in Chapter 34 of the Pennsylvania Code, sections 65.31 through 65.63.
As discussed below, the penalties for late filing can be severe, so understanding the applicable deadlines is crucial.
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| Do Not Outsmart Yourself - File Within 2-Weeks of The Last Date That You Worked UNLESS You Are Going to be Paid for Longer Than That |
Should I File My Initial Claim for Unemployment Benefits in Pennsylvania on My Last Day of Work or After I Have Received My Last Paycheck?
34 PA Code Section 65.43a sets forth "the proper manner and on the form prescribed by the department” and states in relevant part as follows:
( For
a week in which a claimant was employed less than his full-time work, the
claimant shall file a claim for compensation not later than the last day of the
second week after the employer paid wages for that week.
Per Section 65.43a, one should file for benefits within 2 weeks of receiving his/her last paycheck unless he/she knew on that day that no further pay would be coming (this is often the case in quit situations or where the employee is given a final paycheck on the date of termination/lay-off, etc.), in which case the application must be filed within 2-weeks of his/her last date of work.
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| Penalty for Late Filing Without Legal Excuse Can Be Dire |
Will I Be Completely Disqualified From Receiving Pennsylvania Unemployment Compensation Benefits If I File My Claim Too Late?
Numerous Pennsylvania appellate courts have held that one who files an application for unemployment benefits too late without justifiable excuse is completely disqualified from receiving benefits. In a 2015 decision, Krum v. UCBR, the Commonwealth Court noted:
Generally, in cases involving a late filing for UC benefits, a claimant who files late is ineligible unless misled by UC officials. Menalis v. UCBR, 712 A.2d 804 (Pa. Cmwlth. 1998) (citing Snipas v. UCBR, 401 A.2d 888 (Pa. Cmwlth. 1979)).
Krum, which is discussed in full detail here, may be a bit overbroad in declaring that one may avoid the death penalty of complete disqualification only by proving that he/she was "misled by UC officials." In fact, there are a number of "excuses" that enable a late application to be backdated.
What Can I Do if I File My Initial Application for Pennsylvania Unemployment Compensation Benefits Too Late? With Pennsylvania's Department of Labor Backdate My Unemployment Application?
If one files his/her initial claim too late, the application may nevertheless be backdated (and the loss of benefits caused by the late filing thereby reduced or eliminated entirely), if one of the excuses for late filing found within 65.43(e) can be satisfied. Those excuses (and the backdating allowances) are as follows:
· 1) The Department
suspends accepting filings or is unable to handle all filings, due to an
excessive volume of phone calls or other reason (late application will be
backdated 6 weeks);
· 2) The claimant attempts
to file by telephone, Internet or fax transmission in accordance with §65.41
(relating to filing methods), the method used to attempt to file is unavailable
or malfunctions, and the attempt to file occurs on the last day that the
claimant could timely file by the method used (2 weeks);
· 3) A UC Office fails to
accept a filing due to error or mistake by the Dept. (up to 52
weeks);
· 4) Sickness/death of member of the claimant’s immediate family or an act of God (2 weeks);
· 5) Other - if the
claimant makes all reasonable and good faith efforts to file timely but is
unable to do so through no fault of the claimant (2 weeks)
NOTE: Late applicants who are concerned that they do not fit into 1-4 above will naturally attempt to argue that number 5 ("Other") applies to their situation. You should probably not count on that; it is reserved for truly exceptional circumstances (i.e. serious illness left you unable to apply).
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Given that an application filed more than two (2) weeks after the applicant has become unemployed can lead to complete disqualification of eligibility, the best approach is likely to file within two (2) weeks of the the last day that you went into work UNLESS you have been told that, even though you are no longer required to come into work, you will be paid for 2-weeks or more in the future. If that is your situation, you are not actually unemployed UNTIL you receive that last paycheck, and you should file for benefits immediately thereafter.
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Philadelphia Area Unemployment Compensation Lawyers Helping Employees With Benefit Applications, Claims, Questionnaires, Appeals and Referee Hearings
We typically represents workers who need an
employment lawyer throughout Southeastern Pennsylvania, including those working
in Philadelphia, Chester, Montgomery, Delaware, Bucks, Berks and Lancaster Counties.
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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 have represented workers who live or are
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