Can I Get Unemployment In Pennsylvania If I Quit My Job?

Philadelphia Area Law Firm Specializing in Unemployment Appeals

Unemployment benefits are incredibly crucial to many Pennsylvanians. If you quit your job, you may still be entitled to unemployment benefits, but only in somewhat limited circumstances.

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If you quit because you are told you will be fired IMMEDIATELY if you do not quit, then you will be entitled to unemployment benefits – provided that the reason for your impending termination was not willful misconduct.  So, if you were going to be laid off THAT DAY due to alleged poor performance, elimination of your job or financial hardship on the part of the company or other reasons unrelated to your violation of a work rule, you will get unemployment benefits even if you choose to quit. 

That is, you will get benefits provided that you can prove that you quit in lieu of termination!

In my experience, many employers under these circumstances attempt to convince unemployment that your quit was of your own choosing, and not "in lieu of immediate termination."  These can be tricky cases, so I typically advise my clients to think very carefully before quitting their job.

NOTE:  If your job is being eliminated, or if your temporary assignmment is ending, be very wary of employers who attempt to offer you a "phantom" job - this is a tactic designed to create the impression that you quit your job. Click Here for more insight into that-type situation.

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The more difficult situation is when an employee quits his/her job without prompting from the employer (often due to mistreatment by bosses or co-workers). There, you must prove you had a "necessitous and compelling" reason for quitting. This is not an easy task, and you should consider retaining an attorney for your unemployment appeal hearing if you fall into this category.

What is a Necessitous and Compelling Reason For Quitting a Job in Pennsylvania?

Here are some of the most common examples of a necessitous and compelling reason to quit your job:

1) demotion; 2) transfer to a different job location that creates a hardship; 3) significant change in work hours; 4) significant change in compensation; 5) significant change in job responsibilities; 6) a geographic change by your spouse for a new job that requires you to quit so that you may move along with him/her; 7) a job offer from a different employer (you must have the offer in hand before you quit your job); and, 8) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

Statistics show that nearly half of the people on unemployment at any given time have quit their job.  My experience tells me that roughly 75% of them quit because they believe they are being subjected to a a hostile work environment.  So, you are not alone.  There are, however, some strategies to combat bad work situations.  Consequently, before you quit your job, you may want to speak to a qualified employment attorney.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

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