Unemployment Benefits Articles
What Happens If You File Your UC Appeal Late?
If your Pennsylvania unemployment compensation (UC) benefits claim was denied and you missed the deadline to file your appeal, you’re probably wondering if you still have a chance to receive PA UC benefits. In some cases, you can still successfully appeal your PA UC determination even if you are late in filing the appeal.
In Pennsylvania, employees are given just 15 days from the Notice of Determination to file an appeal in order to obtain a referee hearing, who will hear testimony form the employer and employee and determine whether the employee is eligible for PA UC benefits. 15 days is not a whole lot of time and often times employees miss the appeal deadline.
Section 501(e) is the section that applies to the time limit for PA UC appeals. This section states that the time limit is mandatory and can only be extended beyond the time limit when “through …
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PA UC Eligibility After Quitting Due To Harassment
Generally, employees who voluntarily quit their job are not entitled to PA UC benefits. However, when there are necessary and compelling reasons for quitting your job, you may be eligible to receive UC benefits. In some cases, the argument can be made that the employee was essentially forced to quit their job due to workplace harassment. Therefore, the employee technically didn’t quit, but was forced to resign. This is commonly referred to as a “constructive discharge.”
A constructive discharge occurs when the employer’s behavior is so intolerable that it would cause a person of ordinary sensibilities distress. In other words, the employee must not only prove that they were offended by the employer’s behavior, but that a reasonable person with ordinary sensibilities would be offended. The determination will come down to the level of outrageousness of the conduct, which must be determined on a case-by-case basis.
If the offensive behavior …
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Receiving PA UC Benefits After Quitting Due To Health Reasons
If you voluntarily quit your employment due to health reasons, you may be denied unemployment compensation benefits. If you leave your job for health reasons, you will not be entitled to PA UC benefits unless you are available and able to work elsewhere. Unfortunately, the ability to work is required to receive benefits. However, you may have a claim for workers’ compensation.
In other words, if a particular workplace causes or exacerbates an employee’s health conditions, then the worker can be eligible for PA UC benefits if they have to leave the job due to the conditions. A common example would be exposure to a chemical that causes allergic reactions.
If you feel that you need to leave your job for health reasons, you should talk to your employer about your health problem and explain your inability to perform your job duties. Hopefully, the employer will be able to …
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How long do PA UC benefits last?
Most people are eligible to receive Pennsylvania unemployment compensation benefits for 26 weeks. However, not all employees receive 26 weeks of benefits. If an employee has not worked enough credit weeks, they will not receive the full 26 weeks of PA UC benefits.
If you have not worked for the employer for at least 16 weeks, you will not be entitled to any unemployment benefits. If you have worked for the employer for 16 or 17 weeks, you will receive 16 weeks of benefits. If you have worked for your employer for more than 18 weeks, you will then be entitled to the full 26 weeks of PA UC benefits.
How do the federal unemployment compensation extensions factor in?
In addition to state unemployment compensation programs, the federal government provides Emergency Unemployment Compensation (EUC) benefits. The extended benefits you are eligible for depend on the state you live in and …
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Can unemployment benefits be denied for poor work performance in PA?
Many people who are terminated for “poor work performance” are wondering if they will be denied Pennsylvania unemployment benefits. In our last article, we discussed the reasons unemployment compensation benefits are denied. To summarize, PA UC benefits are denied for the following three reasons: (1) you voluntarily quit; (2) willful misconduct; and (3) you did work for the employer long enough (16 weeks).
Wilfull misconduct is found when the employer’s interest is disregarded by the employee. The next question becomes, is poor work performance considered willful misconduct under PA UC laws? The answer is no, you will not be denied unemployment benefits for poor work performance unless the board finds that it was intentional or willful. If it is found that you intentionally failed to work to the best of your ability, your UC benefits may be denied.
In order for there to be willful misconduct, the employer will …
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Why was I denied unemployment benefits?
If you were terminated from your employment, seek unemployment compensation benefits immediately, which can be done at the Pennsylvania Department of Labor and Industry website. When you apply for UC benefits, your claim will either be accepted or denied. Your employer has the ability to contest your claim for unemployment benefits. If a claim is denied, you have the right to appeal the decision.
In Pennsylvania, there are generally three reasons why your unemployment compensation benefits were denied:
- You voluntarily quit — If you voluntarily quit your job, you are not entitled to UC benefits.
- You were terminated for misconduct — Only terminations that are not the fault of the employee are covered. If your employer had cause to terminate your employment, you are not entitled to unemployment benefits.
- You did not earn sufficient wages — In Pennsylvania, in order to receive UC benefits, you are required to earn
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