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Video instructions and help with filling out and completing Can Form 8815 Eligible

Instructions and Help about Can Form 8815 Eligible

John Gallagher I'm an employment lawyer located in Paoli Pennsylvania which is about 20 miles west of Philadelphia about 20 minutes from the King of Prussia Mall or Valley Forge National Park I represent employees only and frequently handle unemployment hearings I'm gonna talk today about one of the most common questions I get and that is can I quit my job and get unemployment and the law as I understand it in Pennsylvania is the same as it is throughout the United States by and large let me give you some examples of when you can quit your job and get unemployment one if your pay has been reduced substantially more than 25% generally you can quit and get unemployment too if your schedules been altered substantially let me give you two different examples one you used to work 7:00 a.m. in the morning till 3:00 p.m. in the afternoon and now they ask you to work 11:00 p.m. at night to 7:00 a.m. in the morning you're going to get unemployment if you quit that job let me give you another one you used to work 7:00 a.m. to 3:00 p.m. now they want you to work 10:00 a.m. to 6:00 p.m. you can prove that that schedule makes it difficult or impossible for you to handle your childcare responsibilities and therefore under those circumstances you can quit and get unemployment suppose they dramatically change your work site they tell you instead of working X where you've worked for years and is five minutes from your home now we want you to start going to Y to work and that's 50 miles away from home you can get unemployment if you quit that job particularly if you could show that the extra time on the road commuting will impact on your work life outside of work such as your childcare responsibilities follow the spouse cases if your spouse is required to take another job in another location where maybe to fulfill a military requirement and you can prove that you can't maintain two households so that you have to move to follow your spouse to his or her new job location or military base you can get on employment the key here is that your spouse has to be required to take the new job or the military assignment it can't be a choice no matter how attractive that job offer is it has to be a requirement if your spouse chooses to take a job elsewhere no matter how obvious it seems that anyone in the world would take this other job look how much better it is but if unless it's a requirement you won't get unemployment and you have to prove that you couldn't maintain two households merely saying that the two of you were going to be apart and your hearts would break is not enough you have to prove that you know there's an expense associated with living in place a where you used to live and that in order to for you to move to place be it would have been financially impossible for you to maintain both residences or places that you live as the case may be have a medical conditions that's a common situation I see a lot your have a medical injury or physical ailment that disables you for a month or so and you can't return to work within the time limits you've been given by the company and so you quit and then you apply for unemployment provided you can prove to unemployment that you are as of the date of your unemployment application able to work physically you can get unemployment benefits so one of the requirements under unemployment law is that you be ready willing and able to work if you're disabled obviously you can't say that so what you would do is after you quit the job you'd call in or write in your unemployment application and tell them that you know as the date of the application assuming it was within a couple days of your of your quit you can't work but you anticipate being able to return to work very soon and then when you get a note from your doctor saying you can return to work you submit that to unemployment and as of that date you should be eligible for unemployment the most thorny issues that I see your hostile work environment issues when you feel like you have to quit because of the way you've been mistreated at work bear in mind that many many people feel like that and that unemployment referees know that and so they're not very sympathetic to people who quit their job because they have a mean boss or nasty coworkers it has to be more than that it has to be for example a boss who literally yells at close range are you curses maybe even to an extent where spittle you know is on your face or where your coworker gets right up in your grill and threatens you with bodily injury it just can't be the ordinary backstabbing and bullying that bosses and co-workers engage in it has to be more and then before you quit you have to put the company on notice of what's going on tell them I don't think I can bear this much longer please fix it and once you do that you have to give the company an opportunity to fix it and if they don't then you can quit but if they do then you can't quit where you can but you can't get unemployment benefits so these are very very tricky cases before I close let me address another issue that's common and that is did I quit or was I fired let me tell you how the law sees it if you're about to be fired that minute but you're given a chance to resign and you resign that's.

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