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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Will I be eligible to collect unemployment benefits if I

Customer Question

Will I be eligible to collect unemployment benefits if I quit my job as an instrument technician in a gas processing plant in western PA? The schedule at hire (May 2013) was 7am to 3:30pm Monday - Friday. I was recently told that I will now have to work a 12 hour (6am - 6pm & 6pm - 6am) rotating shift schedule Sunday - Saturday. The job requires a 1 hour and*****from home, which I was willing to endure for the 8 hour daylight schedule, but adding 2 1/2 hours to a 12 hour shift seems unreasonable.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Typically when an employee resigns, they will be disqualified from receiving unemployment benefits. This is because one of the requirements for receiving benefits is that the claimant be unemployed "through no fault of their own." When an individual resigns, they are generally regarded as unemployed "through fault," since they made the voluntary decision to become unemployed.

However, an exception to this general rule exists where the claimant can demonstrate that no reasonable person genuinely desirous of remaining employed would have done so under the circumstances. In this case, the employee will be determined to have quit with "good cause" and thus will be approved for benefits. A significant change in schedule can qualify as good cause to quit. However, these things are judged on a case by case basis and so it is impossible to predict specific results.

Quitting, therefore, is a calculated risk, and in most cases, it makes more sense to look for another job now and quit only once you have secured another job. That way you do not have to take the chance that you will quit, be denied benefits and have no way to support yourself. Studies have also shown that it is easier to find a new job if you are already employed. It has somethign to do with employers wanting to hire people whom they perceive to be "in demand." Of course, how you choose to proceed is up to you.

Expert:  Patrick, Esq. replied 2 years ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.