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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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I have been a full time employee at coach for five

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I have been a full time employee at coach for five years now,bat due to cutbacks,they have chosen to cut back at my position. They are offering me two choices. The first is to stay on as a part time employee/15_20hours/,which I do not want because I will lose my benefits. The second would be to terminate me,but offer 11 weeks pay as a compensation. I was wondering what my options are for unemployment in regards XXXXX XXXXX second option. Would I qualify for unemployment if I still received this payment from the company? Tank you for your time, Sladjana XXXXX

Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Ok. You legally have to report any severance that you receive to unemployment in your state. They have a formula that they use to determine how much your unemployment is reduced based on that severance.

So, you are entitled to receive up to 40% of the annual average income in Pennsylvania in severance before any of it is deducted from your unemployment.

Now, the average annual wage for 2013 in your state is $46,181 and forty percentage of that is $18,472. Any amount you receive in severance greater than $18,472 will be deducted from your unemployment eligibility for each week until it is paid up.
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Customer: replied 3 years ago.

would I qualify for unemployment if I do not take PT2.

Yes, you can qualify for unemployment if you don't take part time. Moving from a full time to a part time job can be considered a significant change of the terms of your employment, justifying resignation.

That being said, a part time position would typically pay more than unemployment while still allowing you time to seek employment. Few people can seek employment 40 hours a week, making being fully unemployed rather than in a part time situation not really a benefit, in terms of opportunity to seek employment.