Need to quit your job? Workers who had to quit their jobs can qualify for unemployment compensation. Show For more information on what you should do before you quit to protect your right to unemployment benefits, visit the "I Think I May Need to Quit My Job" page on UCHelp.org. UCHelp.org is a new online resource for Pennsylvania workers with current and accurate information about regular Unemployment Compensation and Pandemic Unemployment Assistance, created by Philadelphia Legal Assistance. Your Right to Unemployment CompensationAuthored By: Pennsylvania Legal Aid Network, Inc. OverviewPEOPLE HAVE very difficult money problems when they are out of work. The goal of unemployment compensation is to help workers who are out of work through no fault of their own, by giving them financial help until they can find other work. Your Right to Unemployment CompensationWho can get unemployment compensation?You can, if you
You must meet all of these requirements to get benefits. The Unemployment Compensation Center of the PA Department of Labor and Industry will make an independent decision about whether you have earned enough money to collect benefits, and whether there was a good reason under the law why you lost or left your job. It is the unemployment office, not your employer, that makes this decision. Initial applications for benefits may be filed online, 24 hours a day, 7 days a week at www.dli.state.pa.us, Keyword: unemployment. Or, you may file by phone through a UC Service Center 7:00 a.m. to 4:45 p.m. Tuesday through Friday. TOLL FREE
STATEWIDE: TOLL FREE TTY (Hearing Impaired): Here’s what you need when you file an application:
Yes. If the Unemployment Compensation Center denies your claim, you have the right to appeal. Many workers win their appeals, so don't be discouraged by a local office decision that goes against you. The Referee HearingIf you appeal a decision of the local Unemployment Compensation Service Center, or if your employer appeals, a referee will be assigned to hold a hearing, which is like a trial but somewhat less formal. At the hearing, you and your employer will be allowed to present each side of the story. You have the right to look at the file in the local office a few days before the hearing and make copies of the papers to get an idea of what your former employer is going to say. In some counties you can request a copy of the file from the Referee’s Office. You must present all the facts of the case at this hearing, because you usually are not allowed to present any more information if you appeal to a higher level. This hearing is usually your only chance to present evidence. It is very important for you to attend this hearing, even if your employer's case is weak and even if the local office originally ruled in your favor. If you do not attend, you may lose. Remember that the referee cannot base the decision on hearsay evidence. If you want to prove that something happened, you must bring a person to the hearing who was there or who has other firsthand knowledge about what happened. If the employer tries to have someone testify without firsthand knowledge or who is testifying to what someone else said, you should tell the referee that you object to that evidence as hearsay. It is a very good idea to have a lawyer, a paralegal, or someone else who has experience handling unemployment compensation cases represent you at this hearing. Appeals to the Board of ReviewIf the referee decides that you cannot collect benefits, you may appeal that decision to the Unemployment Compensation Board of Review. Instructions for filing an appeal are to be found on the referee's decision. Again, give the reasons why you disagree with the decision. You must file this appeal within 15 days from the mailing date of the referee's written decision. Once you file an appeal, you can ask the Board of Review to send you a copy of the transcript of the hearing (a typed version of the tape recording that was made at the hearing) and the exhibits that were introduced into evidence at the hearing. You can also ask for permission to file a brief, which is a longer written explanation of the reasons the referee should have decided in your favor. It is very helpful to have legal representation at this stage. Appeals to the Commonwealth CourtIf the Unemployment Compensation Board of Review decides against you, you have 30 days from the date of the Board's written decision to appeal to the Commonwealth Court
of Pennsylvania. Although you are allowed to appeal without an attorney, it is very hard to do so because court procedure is much more formal. First, you should try to find work. The sooner you get back to steady employment, the better, whether or not you qualify for unemployment compensation. Make sure a job is suitable for you before you accept it, however, because if you quit it you can be denied unemployment compensation. In some circumstances, if you were denied unemployment compensation because you quit your job without a good reason or were fired for willful misconduct, you can re-qualify for benefits if you get a new job and earn six times your weekly benefit rate (what you would have gotten per week in unemployment benefits). For example, if your weekly benefit rate would have been $200, you may re-qualify for benefits once you get a job and earn
$1,200. Then the reasons you lost your old job will no longer prevent you from getting unemployment compensation. However, you could still be denied unemployment compensation if you did not have good reasons for leaving the second job. The general rule in Pennsylvania is that most workers are considered "employees at will," and the employer can fire them for any reason or for no reason. Only in special circumstances is there any way for a worker to get a job back. A few of the circumstances in which you can sometimes get a job back or get back pay are if you were fired because:
If you work for the government, you may also be protected by civil service rules. If you are a non-probationary union member, your employer may also have a grievance procedure that you can use to try to get your job back, if the employer did not have just cause to fire you. However, the fact that you are approved for unemployment compensation benefits does not mean that you have a legal basis to get your job back. REMEMBERThe law often changes. Each case is different. This pamphlet is meant to give you general information and not to give you specific legal advice. Please use the information found in this brochure carefully since the law is constantly changing and the information may not accurately reflect any changes in the law that occurred following the creation and publication of the brochure. Pennsylvania Legal Aid Network, Inc.
Can you get unemployment in Pennsylvania if you quit your job?Section 402(b) of the Pennsylvania UC Law provides, in part, that a claimant shall be ineligible for benefits for any week in which his/her unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature.
What disqualifies you from getting unemployment in PA?The following are some of the possible ways you can be disqualified: You fail, without good cause, to accept an offer of suitable work or refuse a referral to a job opportunity. You voluntarily quit a job without good cause. You do not register for employment-search services as required.
What are good causes to quit your job?What Is Good Cause to Quit in California?. Caring for a family member. An employee who quits to care for a seriously ill family member may have good cause to quit, if the employee's presence is necessary.. Relocation with a spouse. ... . Domestic violence. ... . Health and safety. ... . Another job. ... . Constructive discharge.. Can you claim unemployment if you quit?If you don't have another job to go to, you can claim benefits straight away. You can claim benefits as soon as you know the date you're stopping work. You'll need to show you had a good reason for resigning, or you might get less money for around 3 months.
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