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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
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Experience:  Experienced in multiple areas of the law.
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State: PA In June of 2012 I was called to a spare office

Resolved Question:

State: PA

In June of 2012 I was called to a 'spare' office where my boss and an HR rep sat. I was informed that my employment was being terminated and when I shockingly asked why I was told that my time sheet had more hours listed then me being in the building. This boss (my 7th in 5 years) had verbally told me in one of our weekly meetings that I could and should be submitting for time worked at home, etc. I managed shipping and receiving so there was many a night where the company issued laptop and blackberry were used at home monitoring shipments, responding to client emails, etc.
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer.

I understand the facts you have provided, but what is your legal question, please?
Customer: replied 1 year ago.
Can they do this?

I recently started a PT job and I am due to file my biweekly UC. I'm most likely going to be very close if not over the 30-40% thus ending my benefits, I believe. Do I even need to complete the questionaire?

If I do and I'm assuming it goes to a referee and I lose, do I owe the unemployment benefits Ive been receiving since June 2012?

Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply.

When you say questionaire, I'm not sure what you mean. Is this a questionaire you have to fill out to continue to receive benefits where you state whether you have looked for work, done any work in the past week, made any money, and if so, how much?
Customer: replied 1 year ago.
I received that form a couple weeks ago which stated that "in the near future, I would be contacted with a date and time I had to go meet a PA CareerLink Rep" to date Ive heard nothing.

This form I received yesterday asks me to state the nature of my Departure from the company and such.
Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply once again. That's strange they are asking now about why you left the company when you have been receiving benefits since 2012.

It is still worth moving forward and this site has a much more in depth explanation of this - but here is why: you can exceed the 40% weekly beenfit rate in a part time job and still qualify for benefits up to a certain point. That certain point is when your part-time earnings, when added to your weekly benefit rate exceed your weekly benefit rate plus 40% of your weekly benefit rate.

For example, assume your weekly benefit amount is $573. Pennsylvania says you can make up to $230 a week part time, for a total earnings amount of $803.

You take a part time job making $700 in a week. You are still entitled to $103 a week in unemployment benefits (for a total of $803).

Only if you are sure you are going to exceed that total amount of unemployment plus what you can earn, would it be not worth getting the unemployment.

Now, if it is found that you were receiving benefits to which you were not entitled to at any time (e.g., you were overpaid), yes, they can make you pay back the benefits you were paid - even if they were the ones who made the error.


RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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