Unemployment compensation provides a temporary safety net for individuals who have become unemployed through no fault of their own. Unemployment compensation eligibility is determined after a claimant applies for benefits. Eligibility focuses on three main things: earnings, employment history, and separation from work.
Financial eligibility is based on your wages and work duration. After applying for unemployment benefits, you will receive a “Notice of Financial Determination.” This notice determines your financial eligibility for benefits based on your highest quarterly wages, total base-year wages, and credit weeks during the base year. The base year is generally the first four of the last five completed calendar quarters prior to the date you applied for benefits. The amount of benefits you will be entitled to is based on the highest of the four quarterly wages. To be financially eligible for benefits, a claimant must also satisfy the credit week requirement. A credit week is any calendar week within the base year in which an individual earned $116 or more, no matter when paid. If a claimant has less than 18 credit weeks, they will not be eligible to receive benefits.
Eligibility also considers the circumstances of your job loss. Specifically, benefit eligibility considers whether you lost work through no fault of your own. Typically, there are two ways to lose one’s job: you either quit or you are fired.
Generally, a claimant is ineligible for unemployment if they voluntarily quit their job. If you voluntarily quit your job, you will have the burden of proof in establishing good cause for quitting and that such cause was real and substantial leaving you no other alternative. There are a few recognized examples of what may be deemed good cause for quitting one’s employment. For example, you are eligible for benefits if you quit due to a health problem which affects your ability to perform your job, so long as you have given your employer an opportunity to offer you suitable work. This requires a conversation with your employer prior to quitting. If your employer has no accommodations or other suitable work, you may quit and be eligible for benefits.
If you were fired from your job, you may still be entitled to benefits. We have represented people who have been fired for many different reasons, such as violating an employment rule or policy, unsatisfactory work performance, or committing too many mistakes at work. Just because you were fired from your job doesn’t mean that you are not entitled to benefits. In this type of situation, an employer has to prove that you committed “willful misconduct.” Willful misconduct is considered an act of wanton or willful disregard of the employer’s interests, the deliberate violation of rules, the disregard of standards of behavior that an employer can rightfully expect from an employee, or negligence that manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations. The burden is on the employer to prove willful misconduct.
It is also important that you maintain your eligibility after you have been approved for benefits. If you are both financially eligible and eligible based on the circumstances surrounding your loss of employment, you will begin to receive benefits one week after you apply for benefits. Upon receiving benefits, you must continue to be able and available to work. You are not entitled to benefits if you are not physically able to work at any job due to medical reasons. You must also be available to work and, for example, not be on vacation or in jail. Further, you are required to register for employment search services offered by the Pennsylvania Careerlink®, apply for positions that offer employment and wages like those you had prior to becoming unemployed, participate in work search activities, and keep a weekly record of the efforts made to find work.
If the UC office determines that you are not eligible for benefits, you have limited time to appeal that decision. On appeal, a referee will hold a hearing to review the circumstances of your claim based upon testimony from both you and your employer. Each party has the right to be represented by an attorney. We always recommend representation at an unemployment appeal hearing. After the hearing, the referee will issue a new determination regarding your eligibility benefits.
If you have questions regarding your unemployment compensation eligibility or have been denied benefits, please call Quatrini Law Group at 888-534-6016. We can answer questions regarding unemployment eligibility. We may also be able to help you appeal your claim and represent you at your hearing.
