Don't Quit That Job Pennsylvania Employees

Unemployment Hearing Lawyer Representing Only Employees in Chester County, Montgomery County, Delaware County and Philadelphia

Should I Quit My Job in Pennsylvania?

One prominent management-side employment lawyer is fond of saying, with a great deal of zest I might add, "a quit is always better than a fire!"  His credo is the almost universal credo of all management.  Why does management feel that way?  Let's explore, and expose for you certain management philosophies and strategies in the process!

Chances are, if you are being asked to quit your job, your employer is thinking about trying to deny you unemployment benefits!  And, if they are asking you to quit, that usually (but not always) means that you haven't done anything bad to justify your termination.  That is, the employer does not really believe you engaged in "willful misconduct." 

If a desire to deny you unemployment benefits is not the primary issue for the employer (it's always part of the issue, trust me!), then it may be concerned that its treatment of you could give rise to some sort of employment-related lawsuit.  That message is usually delivered something like this:  "Well, we'll pay you some severance, and we won't contest your claim for unemployment if you sign this release."  Then, you quit and, when you file suit, they say, " Your loss of wages came about not because you were [discriminated against, harassed, retaliated against, etc.], but because you quit your job.  If you had only given us a chance to fix the problem, we would have, and you'd still be happily employed today.  But you didn't, and we're not paying you anything because you are responsible for your loss of the job."  Or words to that effect!

Of course, sometimes employers just want you to quit and sign a release in exchange for some severance so that they do not have to worry about you filing a baseless lawsuit against them.  If you polled HR in America, the overwhelming, vast majority (say 99%) would assert that such fears of totally baseless lawsuits are the only reason they ever offer severance.  They would say to me vigorously, "Who are you, a workplace advocate who has litigated numerous discrimination, etc. claims against companies over the past 20 years, to say otherwise?!" To which I reply, "Otherwise."  But that doesn't mean that the fear over baseless lawsuits from employees who are perceived to be "trouble" is not accurate. Believe me, many people get very angry when they are fired, and the EEOC's doors are always open to one and all.  So, I get that rationale is a valid reason for some offers of severance.

But, still, it begs the question -- why does the company want to insist that you quit your job? 

Employers will often suggest that you should quit rather than being fired "so your record is clean."  What record?  Unlike public criminal records, or credit reports, there is no such thing as a public employment record.  Employers do not enter information about why you no longer work for them in any sort of database to be compiled and disseminated to future prospective employers.

So, I surmise, the most common factor in all employer requests for an employee's resignation is the employer's desire to avoid paying or being charged for the employee's unemployment benefits. 

If You Are Fired for Poor Performance, You Still Get Unemployment Benefits in Pennsylvania

That's right, if you are fired for poor performance, you can can usually get unemployment benefits.  So, if the employer wants to get rid of you because it feels that you are "not up to the job," don't quit,  Make them fire you.  Why?

Because if you quit, I can guarantee you that, either in their zest to defeat your claim for unemployment benefits or simply because they honestly "misremember" what exactly happened when you separated from employment, many (not all, but many) employers will tell unemployment that they weren't going to fire you.  If you quit and the Unemployment Referee believes your employer's testimony (that you quit) , you will be denied unemployment because you voluntarily quit your job without a necessitous and compelling reason. 

Thus, since no one will know whether you were a quit versus a termination, and your chances of getting unemployment depreciate significantly if you quit -- don't quit that job!  Further, quitting your job may have a significant impact on your rights under state and federal employment laws which exist, I might add, because the U.S. Congress, and the legal system have determined that, indeed, sometimes employers do terminate employees for illegal reasons.  Otherwise, indeed!

Discrimination Lawyer Serving Individuals in Locations Such as Malvern, Exton, Downingtown, Phoenixville, Collegeville, Lansdale, Pottstown, Newtown Square, Radnor, Broomall and Surrounding Areas

If you are facing imminent termination, call a qualified employment lawyer to discuss your options.  Don't get pressured into a quick and irreversible quit.

Have more questions about Unemployment Benefits in Pennsylvania?  Click Here.  Have additional questions concerning how to prove unlawful discrimination? Click Here.

John A. Gallagher, Philadelphia Area Employment Attorney.

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Employment Law Firm Serving Philadelphia Area

eLabor Lawyer Representing Only Employees With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton, Radnor and Philadelphia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Wrongful Termination Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website. 

We assist employees on a wide range of employment law issues, such as discrimination, retaliation, wrongful discharge, overtime and wage claims, unemployment appeals, FMLA leave, ADA reasonable accommodations, long term disability claims, non-competition agreements and negotiating severance packages.  Often, our representation includes analysis of a combination of such issues.

For example, one needs to understand the interplay between ADA, FMLA, long-term disability claims and unemployment claims to be fully congizant of how to proceed when a medical condition affects one's ability to work.  Favorable negotiation of severance packages often entails obtaining leverage via a threatened discrimination, wrongful discharge or retaliation claims.  Unemployment appeals often yield valuable testimony useful in prosecuting a retaliation or discrimination claim.

We understand each and every law governing the employment of individuals in Pennsylvania, so we are well-suited to assist you in executing a strategy to protect your rights, or prosecuting a lawsuit to enforce them.

Discrimination Lawyer Serving Individuals in Locations Such as Gladwyne, Glenside, Gulph Mills, Haverford, Jeffersonville, Harleysville, Conshohocken, Schwenksville, Skippack, Souderton, Abington, Ambler, Plymouth Whitemarsh and Bryn Athyn

If you believe your employer has fired you illegally, call us today and we will discuss your matter at no cost to you. We will discuss your potential for receiving unemployment benefits, as well as your claim for unlawful separation from your job.  We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

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Non-Compete Law Firm in Philadelphia Area

Our Law Firm Concentrates on Helping Employees With Non-Competition Agreements Governed by Pennsylvania Law

Here are some answers to some of the most common questions I am asked about non-compete
agreements:

What is the Difference Between Non-Competition and Non-Solicitation?

Although commonly referred to as "non-compete agreements," these contracts typicallycontain 3 separate covenants of none: Confidentiality, Non-Confidentiality" and Non-Solicitation.  And each such covenant is treated differently under the law.

What Law is Used to Decide the Enforceability of My Non-Compete Agreement?

The majority non-compete agreement contains a "forum selection clause."  Therein will lie your answer.

Can the Company Enforce My Non-Compete Agreement if I am Fired?

Under Pennsylvania law, if you are let go for poor performance, your non-compete covenant is not enforceable.  Similarly, if you are laid off as part of a reduction in force, it will be difficult to enforce the non-compete.  However, your non-solicitation obligation will likely remain in full force and effect under these circumstances.

Are Non- Competition Agreements Enforceable in Pennsylvania?

Target New Customers, Not Old

Generally, Pennsylvania Courts do not enforce the non-competition component of such agreements if you are not interfering with your former employer's business.  If you solicit former customers, however, they will nearly always enforce the non-solicitation component of such agreements.

So, in other words, if you bare an "average" employee and merely join a company that competes with your former employer, courts will be very hesitant to force you to quit your new job.  However, if at your new job you solicit customers or clients that you serviced during your employment with your former employer, courts will generally enforce your non-compete agreement.

Nooks and Crannies = Trade Secret

NOTE:  If you posses trade secrets of your former employer, a Pennsylvania court will order you to stop working for its competitor even if you do not solicit any of its former customers. 

NOTE:  Arguing that your non-compete should be invalidated because it is for too long a duration or because it covers too broad of a geographic area, i.e. is "overly broad," will not work in Pennsylvania.

If a Former Customer Asks Me to Handle its Business, am I in Violation of My Non-Solicitation Agreement in Pennsylvania?

In general terms, if you are bound by a non-solicitation provision, and nevertheless take business from your former employer, the Court will stop you by enforcing the non-solicitation component of your non-compete agreement.  The key to avoiding problems with a non-compete agreement is you avoid taking any business from your former employer.

Does it Matter When I Signed the Non-Compete?


When Did You Sign?

In Pennsylvania, non-competition agreements are enforceable if they are entered into when you start employment.  If you are required to sign a non-compete agreement months or years after you start employment, it will be enforceable only if the employer gives you "additional consideration," i.e. a raise, a bonus, a promotion, opportunity to participate in a stock option plan, etc. at the time that they have you execute the non-compete agreement.

Can I Negotiate My Non-Compete Agreement?

There are a lot of work arounds and negotiating tactics you can use to minimize the impact of a non-compete agreement.  However, once you have "stepped in it," it becomes harder to extricate the former employee for a non-compete dispute.  Therefore, it is better to consult with counsel first concerning the "dos and dont's" where non-competes are concerned before taking any major steps.

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.

Thanks for checking in with us.

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