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Question

I was given a choice of going to second shift or loosing my job. I have no one to watch my child in the evening, So I can not take the job. I am going to loose my job....Will I be able to collect unemployment??

Submitted: 18 days and 16 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by Legal Eagle 18 days and 16 hours ago.

Info Request

In what state did this occur? Pete

18 days and 16 hours ago.

Reply

Pennsylvania...I curently work first shift

Posted by Legal Eagle 18 days and 3 hours ago.

Answer

I have reproduced the applicable statute that may disqualify you from benefits. There relevant portion of the statute reads as follows:

An employee shall be disqualified form receiving unemployment compensation benefits:

(b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in "employment" as defined in this act: Provided, That a voluntary leaving work because of a disability if the employer is able to provide other suitable work, shall be deemed not a cause of a necessitous and compelling nature: And provided further, That no employee shall be deemed to be ineligible under this subsection where as a condition of continuing in employment such employee would be required to join or remain a member

of a company union or to resign from or refrain from joining any bona fide labor organization, or to accept wages, hours or conditions of employment not desired by a majority of the employees in the establishment or the occupation, or would be denied the right of collective bargaining under generally prevailing conditions, and that in determining whether or not an employee has left his work voluntarily without cause of a necessitous and compelling nature, the department shall give

consideration to the same factors, insofar as they are applicable, provided, with respect to the determination of suitable work under section four.

 

In your situation if you quit your job you can obtain employment benefits only if you can establish that you were forced to due to circumstances that are of a necessitous and compelling nature. Here your hours are dramatically changed and given your circumstances and need for child care, you have a serious concern and need. In my view this would qualify, although I was unable to locate a precise decision or regulation in Pennsylvania that says precisely this. The situation is contemplated by the statutes in that you cannot be forced to take another position where a majority of other persons working in the establishment would not accept it on the same terms and conditions.

 

I think it is likely you will be awarded benefits here, but obviously, there is some element of risk under the circumstances.

 

I hope this helps.

 

Pete

17 days and 20 hours ago.

Reply

Basicly they told me there is no work in my SBU...So heres this second shift job, "Oh you cant work it? Then good bye". My HR guy told me he doesn't see why I would not recive unemployment, but he cant garentee it. I dont trust him, HR guys tell you what you want to hear. I just dont like the fact that I could loose my income.

Thanks,
Luke

Accepted Answer

I don't blame you for being concerned. I cannot say for sure that you will receive unemployment benefits. I do think you meet the criteria and should. Unfortunately, I do not make that decision.

 

Pete

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Expert: Legal Eagle
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/4/2009

Attorney

19 years of private practice.

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