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  1. #1
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Would I Qualify for Unemployment Compensation If

    Quote Quoting cbg
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    The best I can offer you is a cautious - maybe. PA is kind of weird about benefits for reductions in wages or hours.

    You might. You might not. But to maximize your chances if you decide to quit, DO NOT WORK ONE SINGLE HOUR under the new contract. I am absolutely not guaranteeing that as long as you do not work at the new contract, you will definitely get benefits - it is by no means certain that you will.

    But if you work at the new contract AT ALL, your chances of collecting unemployment, not overly high to start with, plummets to zero.
    If the contract expires, what is the difference between them firing me, or making me sign a new contract under any terms they demand?!?
    I guess I'm just taken back by what may come next month. Thank you for your reply and advice.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Would I Qualify for Unemployment Compensation If

    If they offer you a contract and you refuse it, the argument can be made that they did not fire you and in fact offered you work, which you refused.

  3. #3
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Would I Qualify for Unemployment Compensation If

    Quote Quoting cbg
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    If they offer you a contract and you refuse it, the argument can be made that they did not fire you and in fact offered you work, which you refused.
    That is a good point.
    I hope they just offer me a renewal of the contract I have this year.
    Thank you for your help

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Would I Qualify for Unemployment Compensation If

    The argument that you were offered "new" work is valid. The thing is that a refusal of work has many more loopholes to obtain benefits. To further improve your chances of getting UI, say that you were "fired/discharged" when you applied because it's true. Your contract ended. Then on your first claim form, you check the "did you refuse any work" box. That way you are in no way committing fraud.

    CBG is so right about not working under the new terms. In your case, you had a chance to think about it, you'll have to sign a new agreement, and once you do that, you can't go to UI and say, "I changed my mind. This commission only structure was too much of a cut in pay." The UI system doesn't protect you when you've negotiated the agreement, but it might be there when the employer tries to make you take something you don't want.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Would I Qualify for Unemployment Compensation If

    A contract ending is not a firing.

    You can bet that if an employer receives a notice of an unemployment claim for someone who was offered and refused a contract, and that person is saying they did not refuse any work, the employer is going to tell the unemployment office about it loudly and in no uncertain terms. I'm not going so far as to call it fraud but there's no way that's going to go unnoticed.

  6. #6
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Would I Qualify for Unemployment Compensation If

    Not in the strickest sense, but I lived that nightmare of thinking I quit, when in the UI world it was a firing and a refusal of work. Let the employer protest on that basis, but if I had to do it over again, I wouldn't have written a letter of resignation, I would have just said, "I'm refusing your offer of continued employment in the poor substitute of a job you're offering." I would have submitted my UI paperwork as a discharge and a refusal of work, and had I done that, it might have spared me waiting 363 days to get my first UI check.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Would I Qualify for Unemployment Compensation If

    And you might not.

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