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  • Do you qualify for a unemployment benefits? This will depend on two factors: the circumstances that caused you to lose your job –your benefits eligibility– and your wages and period of employment since your last unemployment benefits claim –your financial eligibility.

    For a discussion on benefits eligibility and the reasons for leaving a job that could disqualify you from receiving benefits read our article I Was Sacked From My Job; Do I Qualify For UC?

    So, how do you know if you meet the Pennsylvania’s Department of Labor financial eligibility? As soon as you apply for unemployment benefits you will be sent a notice of Financial Determination, also known as Form UC-44F. This form requires you provide a list of your previous employers and the wages you were paid for each quarter in your base year. Your base year is the first four quarters from your applications for benefit date.

    For example, if you claim for unemployment in June, May or April, your base year goes from the previous December to January period. If on the other hand, you apply in December, November or October you base year goes from the previous June to July. Quarters are divided as follows: 1st quarter January, February and March, 2nd quarter April, May and June, 3rd quarter July, August and September and the 4th quarter October, November and December.

    This form is used to determine your financial eligibility and the amount on your benefits paycheck. If the PA Unemployment Office decides you are eligible, the amount you receive in your check will be based on your highest quarterly wages, your total base-year wages and the number of credit weeks claimed in your base years. If, on the other hand, you are deemed ineligible for unemployment compensation you will be informed by the PA Unemployment Office with an explanation of why you do not qualify.

    If you the PA Unemployment Office decide you are not eligible, you can still file an appeal. This is how you do it.

    Your first step must be to check the information the PA Unemployment Office have is accurate. Check the determination you are sent includes all your previous employers and the wages amounts are accurate.

    If you still feel you have grounds for an appeal, you have 15 days to file your appeal with the Department of Labor and Industry. Click here to download appeal form UC-46B.

    While you are waiting for a response to your appeal you should continue to file for unemployment every week you are unemployed, so you can claim those weeks if your appeal is accepted.

    Click here for more information on how to appeal the decision of the PA Unemployment Office board.

    Many of our readers realize the reason for leaving their job will affect their eligibility for unemployment compensation. Our previous article, discussed some of the most “popular” reasons for leaving a job and how they would affect your chances of receiving unemployment compensation by the Pennsylvania Unemployment Office. Below are two of the many questions and comments we have received on this subject.

    I don’t just want to exist anymore working in a job that does not care about me.I was working at XXXXX foods inc as a fork lift operator 2yrs. I went to work one day and was forced to resign. Anonymous.

    I am requesting some help. I am being verbally abused by my supervisor at work. I do a good job and am a good employee. She stated if I do not like it to quit. I can not quit I need the job. If I quit I can not get unemployed. She screams and yells in front of other employees and the owner of the practice lets her get away with it. When I come home in the evenings I am an emotional wreck. Yesterday it was so bad I could not go into work today. She is always threatening to fire me for little things that have no relevance. Please tell me what our my options? I have other employees that have witnessed this. Please assist. Thank-you. Signed, Bebe.

    These comments are typical to some of the problems many workers have to deal with. What should you do if you are unhappy with your job, you are pressured to resign or feel you have been mistreated?

    Of course, every circumstance is different and we would always recommend you got counsel from a lawyer with experience in the subject who can assess your specific situation.

    However, you should never allow an employer to pressure you into resigning. If you are having problems with fellow employees or managers deal with the issues by talking to your employer. If you have witnesses, use their statements to back your complaint. If you leave your job out of your own choice you may not qualify for unemployment compensation. Do not allow an employer to pressure you into resigning. By doing so you may forfeit severance pay and other benefits available to workers who have been laid off out of no fault of their own.

    Other reasons for leaving a job that may disqualify you from receiving unemployment benefits are mentioned below. Click on them for more details provided by the Pennsylvania Department of Labor and Industry.

    Rule Violation
    Attitude Toward Employer or Disruptive Influence
    Damage to Equipment or Property
    Unsatisfactory Work Performance
    Drug and Alcohol Testing
    Self-Employment During the Base Year
    Self-Employment While Claiming Benefits
    Self-Employment/Sideline Business
    Corporate Officers
    Refusal of Suitable Work
    Incarcerated Employees
    Strike

    Even if you were fired for a valid reason you may still qualify for unemployment compensation if it does not fall within the disqualifying provisions of the Pennsylvania UC Law

    Could you please answer me a question. Can a person receive unemployment after he has been fired from a job and if so is there a waiting period to receive them? Robert A. South.

    Eligibility for unemployment compensation is based on two main factors: financial eligibility and benefit eligibility. Financial eligibility is determined by how long you worked and how much you earned in your previous job. Financial eligibility is determined by the information you provide to the PA Unemployment Office in FORM UC-44F. You will find more information on financial eligibility in our article: How To Determine Financial Eligibility.

    Benefit eligibility, on the other hand, is determined by the circumstances before you lost your job. You will qualify for benefits if you lost your job through no fault of your own. If on the other hand you left your job voluntarily or you were sacked due to misconduct, you are unlikely to qualify for unemployment compensation.

    The reason for leaving a job is provided by your employer when processing your discharge. It is a good idea to talk to your employer before leaving your job to make sure you know what reason she gives to avoid surprises. Some employers might accept some negotiation when describing the reason you are leaving.

    Let us analyze some of the most used reasons for leaving a job and assess eligibility for Pennsylvania Unemployment Compensation for each circumstance.

    Health Reasons.

    If you leave work for health reasons and do not inform your boss, so she can find other suitable work for you, you will probably not qualify for UC. However, if you inform your boss and make yourself available for other work and she can’t find alternative work for you, you may qualify for unemployment compensation.

    Job Not As Anticipated.

    If you are disappointed about the job you accepted you will only qualify for unemployment benefits if you can show that the monetary expectations of employment were not fulfilled through no fault of your own. For instance, if you were promised you could earn $40,000 a year on commissions selling washing machines, but fail to make a sale in the first month and cannot cover your basic expenses, you may qualify for UC.

    However, if compensation expectations have been met and you do not have solid reasons to quit the job, you will most likely not qualify for unemployment.

    Absenteeism/Late to Work.

    If you are fired because you are regularly late to work or miss work repeatedly you may not apply for unemployment compensation. However, if your employer did not give you sufficient warning or you had a good reason to be late or absent are valid, you could still qualify for unemployment compensation.

    See more disqualifying provisions for benefit eligibility in our next article of this series.

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