Here is the scenario: I work for an employer who is hired as a sub-consultant to another firm. I have worked in the capacity as the sub-consultant employee for this firm for several years. I believe that this firm wishes to terminate my employment from their specific project that I was hired to work on. My employer (the sub-consultant) advised me to write a letter to this firm advising them that I was withdrawing from the project to pursue other opportunities with my employer. If my employer does not find work for me within their firm, will this affect my ability to collect unemployment benefits in Pennsylvania.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.Just to clarify, you believe that the firm wants to terminate you but your contractor wants you to quit instead?
I work for a dbe firm hired by a construction consultant management firm. I have been there for 12 years. In speaking with my firm about events over the past year and the imminent feeling of being released from employment, they suggested I write a letter advising the CM firm that I decided to leave the project and seek other employment within my firm. My employer stated they would keep me on the payroll to cover medical insurance. They have a project coming up in september they would sseek to have me placed on. However, if I was not accepted, they then would release me and then I could file for unemployment. However, after my discussion with my firm, the Consultant notified them they did not want me to report to work this Monday, after I had been out on vacation. My employer still wants me to send the letter. I think it is a bad idea, and that it would affect my ability to collect unemployment benefits in PA?
Just to clarify, is that a yes to my question? In order to answer your question, I need to know if you are saying that your firm has told you that they intend to terminate you.
No, not my firm.
The company where you go to work every day. That is whom I was referring to. Have they told you that they intend on terminating you?
Yes, officially by contacting the company that provides my paycheck.
With respect to unemployment benefits, you should be fine then for a couple of reasons. Normally, if you quit a job, you would be ineligible for unemployment benefits with a few exceptions. However, in your case, the company has clearly stated their intent to terminate you according to the facts which you have provided. Additionally, you receive your paycheck from your contracting company and so they would be the ones paying into unemployment for you. Therefore, unless they contest your unemployment application, you should be eligible assuming you meet all other eligibility criteria, of course.Thank you for allowing me to assist you and if you still need clarification, please read on below. ********************* Kindly take into account that I do not make the laws and so please do not shoot the messenger if you are unhappy with the law not being on your side since I do not have the power to make the laws or change them. What I can do though is help you to understand the laws. Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.
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