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UNEMPLOYMENT COMPENSATION Unemployment compensation is insurance which protects
you from total income loss if you lose your job through no fault of your own. If
you qualify for benefits, you will receive weekly checks and help in locating
other employment. AM
I ELIGIBLE FOR COMPENSATION? To be considered eligible
for compensation, you must: •
have worked for an employer who contributed to the Unemployment Compensation
Fund. •
have earned at least $50 in each of 16 calendar weeks in your base year.
"Base year" means the first four of the last five completed calendar
quarters prior to the date on which you apply for benefits. •
have been paid at least $800 in a calendar year quarter and $1,320 in total
base-year wages. •
have lost your job through no fault of your own. •
be able to and available for work. •
worked an unpaid period of one week. •
file a claim for benefits at the Unemployment Compensation section of your local
job Service Office. Job Service looks for job
openings and will counsel and refer you to these jobs or to training programs
which will make you eligible for available jobs. Students enrolled in
full-time course work may be considered unavailable for work. However, there are
certain training courses approved by the Department of Labor and Industry which
may permit a trainee to collect benefits. CAN
I GET PARTIAL BENEFITS? If
your regular work hours are reduced because of lack of work, you may be able to
receive partial benefits. You can earn up to 40 percent of the weekly benefit
rate or $6, whichever is greater, without reducing your benefits. This amount is
called the Partial Benefit Credit. Any amount you earn over this in any week
will be deducted from your weekly benefit rate to determine the partial benefits
to which you may be entitled. It is important that you
report all wages paid or payable, regardless of whether these wages exceed the
partial benefit credit. If you don't, you may be disqualified from receiving
benefits or you may be subject to fines or imprisonment. HOW
LONG CAN I COLLECT BENEFITS? Most claimants who remain
eligible may receive benefit checks for up to 26 weeks of total unemployment
during their Benefit Year, the 52-week period that begins with the date of their
application. Some claimants are not entitled to the full 26 weeks of benefits
because they did not work enough credit weeks, or weeks in which they earned at
least $50, in their base year. Claimants who have less than
16 credit weeks do not qualify for any benefits. Those with 16 or 17 credit
weeks can receive 16 weeks of benefits. Those with 18 or more credit weeks
qualify for the full 26 weeks of benefits. There is a federally mandated program which extends unemployment benefits when the percentage of jobless workers covered by unemployment insurance reaches a certain level. The program provides eight or 13 more weeks of benefits for Pennsylvania's unemployed who qualify. You must report to the Office of Employment Security as per the rules set by the law which now permits telephone applications and reports. HOW
IS THE AMOUNT DETERMINED? The general goal is to pay
the unemployed person about 50 percent of what he or she earned when employed,
up to the maximum allowed by state law. The maximum varies each year, being
based on a percentage of the average weekly wages for all workers in the state
during the last fiscal year. Allowances for dependents
may also be made. A dependent spouse is your lawful husband or wife living in
your household. A dependent child is your unmarried child (including
illegitimate children), stepchild or adopted child under 18 years old, or a
child 18 years or over who is unable to engage in any gainful employment because
of a physical or mental handicap. In order to receive dependent's allowances,
you must have been providing more than one-half of the cost of support for your
dependent(s) at the time of your application for benefits. WHAT
WILL DISQUALIFY ME? You may be denied benefits
for a number of reasons. Some of the more common ones are: •
quitting your job without a valid reason. •
loss of job due to intentional misconduct, such as frequent and unexcused
absence or tardiness. •
failure to apply for or accept suitable work. •
unemployment due to participation in a strike. •
inability or unavailability to work. •
refusal to accept an offer of suitable full-time work in order to pursue
seasonal or part-time employment. •
receipt of unemployment compensation from another state or from the federal
government. Other conditions may affect
the payment and amount of your benefits. You must tell the claims interviewer if
you are self-employed; have any type of earnings; are receiving any pensions or
annuities including Social Security benefits; are receiving vacation or holiday
pay; receiving a back wage award; or are a student or are attending any school
or training course. CAN
I GET BENEFITS IF I QUIT MY JOB? In
general, no. However, if you leave for a necessary and compelling reason, you
may be able to collect benefits. Leaving a job for health or psychological
reasons will not entitle you to benefits unless you are available and able to
work elsewhere. If you are thinking about leaving a job for health reasons, you
should talk about your health problem to your employer and explain your
inability to perform your regularly assigned duties. You will not be entitled to benefits if you leave your job because of dissatisfaction with work, inability to get along with supervisors or fellow employees, or desire to seek a better paying or different job. CAN
I COLLECT IF I AM PREGNANT? Benefits
are payable if the pregnant woman does not voluntarily leave her job when she is
able to work and suitable work is available. If an employer discharges an
employee because of pregnancy, the worker is entitled to benefits if she is
otherwise eligible. Benefits may continue after the birth if the worker is able
and available to work and otherwise eligible for benefits. ARE
BENEFITS TAXABLE? All
unemployment compensation benefits received have to be reported on your federal
income tax return. These may be taxable if your adjusted gross income reaches a
certain level. Instructions and income levels are explained in the tax return
booklet. ARE
THERE PENALTIES FOR FRAUD? Anyone
who makes false statements or who knowingly withholds information to illegally
obtain benefits can be prosecuted. If convicted, the person must repay the full
amount and, if repayment is not made, a lien may be WHAT
ARE MY RIGHTS? If
you and your employer disagree on the reason you left your job or on other
matters affecting your benefits, an interview will be conducted where you will
be able to tell your side of the story. •
You will receive an Advance Notice form if you are in danger of losing your
benefits. At that time, you will have the right to show evidence to disprove any
statements being considered as a basis for stopping your benefits. Once you are
eligible for benefits, you will continue to receive them during your period of
eligibility unless an official decision is made to stop them.
If your benefits are stopped, you may appeal the decision. •
If you feel that the Pennsylvania Office of Employment Security was wrong in
determining your eligibility for benefits, made a mistake in calculating the
amount, or has stopped your benefits improperly, you may appeal the decision
within 15 days from the date the ruling is handed or mailed to you. A hearing
will be held before an Unemployment Compensation Referee. If you file an appeal, you must continue to report to the local office as required by law for as long as you remain unemployed. HOW
DO I FILE AN APPEAL? Complete an appeal form and
file it at the Office of Unemployment within 15 days. You will then be notified
of the day, time and place of your hearing before the referee. After the
hearing, a written decision will be issued. If you are not satisfied
with the referee's decision, it may be appealed within 15 days of the date of
the decision to the Pennsylvania Unemployment Compensation Board of Review.
Their decision becomes final on the day it was mailed unless an appeal to the
Commonwealth Court is filed within 30 days after the mailing date of the Board's
decision. Your employer is entitled to the same right of appeal if the employer disagrees with a determination of eligibility. WHEN
SHOULD I SEEK LEGAL ADVICE? If you are denied benefits
and file an appeal, you should discuss your case with an attorney before you
have your first hearing. Your future appeals may be affected if you do not have
legal counsel to insure the proper and complete presentation of all evidence. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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