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The Unemployment Compensation laws of the Commonwealth of Pennsylvania are meant to financially assist a person during the period of unemployment who has lost his or her job.. Unemployment Compensation benefits are for a period of up to 26 weeks, and the amount of benefit depends on the record of earning of the individual. If there are special circumstances existing in the economy, the government may extend the number of weeks benefits will last. If a person obtains employment, either part time or full time, that fact must be reported to the Unemployment Compensation office. Failure to report earned income while receiving benefits is a crime punishable under the law. Individuals and employers receiving/paying money "under the table" are subject to prosecution. The Unemployment Compensation fund is made of up required contributions from employers throughout the Commonwealth. The law provides that a person who is terminated from his or her employment may apply for benefits provided the individual was not terminated 'for cause' such as insubordination, dishonesty, etc. If the individual voluntarily quit his or her employment, that person is not entitled to benefits. There are instances where a situation had existed at the work place that made continued employment there untenable so as to amount to what the law recognizes as "constructive termination" by the employer. There could be many reasons such circumstance might rise to the level of "constructive termination" such as an employer or other employee sexually harassing the unemployed employee. When an individual is terminated, or laid off, and seeks to obtain unemployment benefits, that person will go to the local Unemployment Office and make application. The former employer will be sent a notice of the application and will be asked to provide information about the circumstance surrounding the termination of employment. If the employer states that the individual "quit voluntarily" or was fired ' for cause', then the benefits will be denied. The applicant can appeal the decision to an Unemployment Compensation Referee and a hearing will be scheduled. At the hearing, both sides may offer testimony to support their position. Both parties may be represented by legal counsel and produce witnesses. The Referee will ask questions, listen to the testimony, evaluate any documentary evidence and render a decision within a short period of time. Either party may appeal the decision if they so wish. If the Referee renders a decision in favor of the Employee, the benefits will be retroactive to the date of application. When a person has been awarded Unemployment Compensation, they will be required to seek employment, be available for employment and report any compensation received such as vacation time to the office of Unemployment Compensation. The individual will be required to verify in person, or by telephone when permitted on a biweekly basis that he or she is available for work which means stating that he or she was not away from the area for a trip, vacation, etc. If so, then benefits for that period will be disallowed. In addition, if a person is on Social Security (SS), the amount of benefit will be reduced based on the amount of SS money received. If you feel that you have been unfairly denied Unemployment Compensation benefits and you wish to be represented, you may contact the Member Legal Service Network for an evaluation of your care. 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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