If you find this helpful, you may also want to look at our more recent (and even more comprehensive) Blog addressing Pennsylvania Unemployment questions. Just Click Here.
Can My Ex-employer Stop Me From Getting Unemployment in Pennsylvania?
Oh, yes. And they often try. Two most common ways methods they use to stop you? Claiming you engaged in willful misconduct or that you quit your job without a necessitous and compelling reason.
If I Am Fired for Alleged Poor Performance, Can I Get PA Unemployment Compensation?
Yes, mere poor performance is not a basis for denying unemployment comopensation in Pennsylvania.
Why Would My Employer Try to Stop Me from Getting Pennsylvania Unemployment Benefits?
Only large employers pay for unemployment directly. Otherwise, your claim is paid by an insurance fund that every employer contributes into. Unemployment benefits can be very expensive, so the motivation for large employers is obvious. For small employers? They fight it because they believe their unemployment premiums will go up if they lose. However, in many cases, they fight it because they just don't like you anymore. Ahh, the humanity.
How Does the Application Process Work for Pennsylvania Unemployment Compensation?
Employee files claim electronically or via telephone. The Unemployment Service Center sends request to employer for information about why the separation occurred. Meanwhile, you get a Notice of Financial Determination advising how much in benefits you will get IF YOU ARE APPROVED [Note: Getting the NFD does not mean you have been approved - everyone gets one, even if they were fired for stealing $1 Million from the company]. Once the employer has provided reason for separation, it is compared to your initial application, and the documentation employer sent in. By this time, it is possible that you have already begun to get benefits, but that does not mean you will continue to get them.
Having received the employer's information, a person in the Service Center makes a decision based upon all of the paperwork as to whether you are entitled to benefits. They send out a Notice of Determination setting forth their findings as to your eligibility, and the reasons for their findings. Either you or the employer has 15 days to appeal from this (NO EXCEPTIONS). If no appeal is filed, then the Service Center determination is the final word.
If there is an appeal from either side, a Hearing before an Unemployment Referee is scheduled. The Referee's decision is appealable, but as a practical matter, they are rarely overturned.
What Happens in a Pennsylvania Unemployment Hearing?
Click Here to find out how it works.
What is the Maximum Amount of Unemployment Benefits I Can Get in Pennsylvania?
Roughly $573 per week. If you make $55,000 or more a year, then you will get up to $573 per week, and no more. Roughly, take 10% of your annual earnings, and that is what you are going to get in unemployment benefits each week.
If I Am Self-Employed and My Business Goes Under, Can I Get Unemployment in Pennsylvania?
No. If you own a majority of the company, or exercise control over a Company, then you can't get unemployment, even if the Company files for bankruptcy and it was not your "fault." End of story, I am afraid.
If I Am Getting Pennsylvania Unemployment Benefits, Do I Lose Them If I Take a Part-Time Job?
You may earn up to 40% of your weekly unemployment benefits from a part-time W-2 job without suffering any loss in your unemployment benefits. So, if you are getting $573 per week in unemployment benefits, you can earn $225 per week without losing any benefits. If you earn more than 40% in a given week, your benefits will be reduced in accordance with a formula that unemployment uses. REMEMBER, this assumes you are working as a part-time employee on a W-2 basis....
I Am Getting Pennsylvania Unemployment and Took an Assignment as an Independent Contractor - Am I Disqualified from Getting Unemployment Benefits in Pennsylvania?
If you do work as an independent contractor, PA Unemployment Law assumes you are self-employed. If you are self -employed, you are gainfully employed on a full-time basis (no matter how much or how little you earn). If you are gainfully employed on a full-time basis, you are ineligible for unemployment. So, the question is, can you prove that, although you have done work as an independent contractor, you are not self-employed. The answer is, yes, but it is not easy...Even so, there are a number of defenses to a a finding by unemployment that you are "self employed."
Can I Get Pennsylvania Unemployment Compensation If I am Receiving Severance?
Yes.
Click Here to go to the Pennsylvania Department of Labor's Frequently Asked Questions page.
You also may want to examine my more recent Blog of Pennsylvania Unemployment FAQs.
Hope that you found this informative. Please use the Comments section to post any questions you may have, and I will respond.
John A. Gallagher, Esquire, Paoli, PA, 610-647-5027, http://www.johnagallagher.com/
Philadelphia Area Unemployment Lawyer Serving West Chester, Media, Norristown, Doylestown, Lancaster, Reading, Philadelphia and surrounding communities.
More questions? E-mail me directly.
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