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  1. #1
    Join Date
    Aug 2015
    Posts
    2

    Default Effect of Loss of Employment While Collecting Partial Unemployment Benefits

    My question involves labor and employment law for the state of: PA

    I was recently laid off from my full time job when the store that I had been working for closed. It was in the process of being sold, and the interested buyer had offered me a temporary position at his other store, which is about an hour commute from where I live. The temporary position allowed me to train under his management team in preparation for the opening of the new store. The job was only supposed to last a few weeks, while the new store was transitioning and all the legalities were worked out. I was receiving partial unemployment while training part-time.

    After about a month of me training at the buyer's other store, I learned that the deal between the original owner and prospective buyer had not worked out, and the new store was no longer going to be opening. Because I was temporarily at the buyer's other store for training purposes, my position was no longer available since there was no new store.

    I filed my biweekly claim this morning, and it was accepted; however, the confirmation stated that I will need to call the unemployment office Monday, because they need more information and my claim cannot be processed until I do so. I guess because last time I filed I had a partial income, and now I don't have any income.

    Is there a chance I could lose my unemployment benefits?

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

    Default Re: Losing Unemployment Benefits

    It doesn't seem likely from your description of the events. But the UI office will surely need to update your circumstances. In my state (which is not yours) before you can re-open a claim you have to either physically go to the UI office or make a phone call. That's just a part of the process.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Losing Unemployment Benefits

    Quote Quoting cbg
    View Post
    before you can re-open a claim
    She's not reopening.

    Quote Quoting Anicole0313
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    I guess because last time I filed I had a partial income, and now I don't have any income.
    It's because of this. That is a red flag that a separation has occurred.

    They'll want to know why you aren't working there anymore. As written, your story is not disqualifying, but you might be surprised what the employer has to say to the UI people. In the past, it can take PA 6 weeks or longer so budget accordingly for NO income until this issue is resolved.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Losing Unemployment Benefits

    Under the circumstances described, that would be a re-opening in my state. I'm sorry you don't like my semantics.

  5. #5
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Losing Unemployment Benefits

    We verbally agreed before I accepted the training position that it would be temporary, especially knowing it was an hour commute to his other store. It states on the PA unemployment website that I don't have to accept a job that is over a 45 minute commute. So if he claims that he offered me a permanent position (which he didn't), can they deny me benefits even though the job is over the 45 min commute?

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

    Default Re: Losing Unemployment Benefits

    Quote Quoting Anicole0313
    View Post
    We verbally agreed before I accepted the training position that it would be temporary, especially knowing it was an hour commute to his other store. It states on the PA unemployment website that I don't have to accept a job that is over a 45 minute commute. So if he claims that he offered me a permanent position (which he didn't), can they deny me benefits even though the job is over the 45 min commute?
    You don't understand UI. Once you took that job, you accepted it, and you don't have any protections anymore regarding the 45 minute commute. You could have refused it and never worked there one day, but once you work that first minute, that is your job.

    UI doesn't care if the job is temporary. Many claimants are tricked. Let's just say the employer said, "we need you to work at this other store. After the training is complete, we'll make you a manager." The other store can be an hour away. They are free to keep you there as long as they want and say, "you're not trained enough." The time to say, "no," is BEFORE you work there. These little inducements to get you to agree to something don't always rise to the level of a promise, and even if they did, it's some times impossible for you to prove. If you leave that job, it's a separation issue. They'll decide if you were fired for a nondisqualifying reason or if you quit without good cause.

    Yes, your employer can feed the UI people a line, and they may be believed. Your benefits are at risk.

    The lesson is that it is easier to refuse a job than accept and try to get out of it. Hopefully, this employer has no evil motives, but if you're leaving something out where what really happened was you could have kept working at that store and you decided not to anymore, then that's a quit.

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