Who is eligible for unemployment pay in PA, and what happens if you quit? What the law says

Did you recently lose your job? You might be able to collect unemployment benefits in Pennsylvania if you meet the right criteria.

Pennsylvania’s unemployment rate sits at just 3.4% as of June, according to the commonwealth’s Department of Labor and Industry. Pennsylvanians are out of work at nearly a record-low rate, but benefits are available for those who need supplemental income while they search for new employment.

So, how can you file for unemployment compensation in Pennsylvania? Who’s eligible, and what might happen if you quit your previous job on your own terms? Here’s what you need to know.

Who is eligible for unemployment benefits in Pennsylvania?

Any unemployed person can file a claim with the Pennsylvania Office of Unemployment Compensation to potentially receive benefits. This program is designed to provide temporary income support to Pennsylvanians for a limited time while they work to find new employment or are working less than full-time hours.

To begin the process, the commonwealth must determine whether you earned enough on the job and worked long enough, measured by “credit weeks,” to be eligible for benefits. Some jobs are excluded from eligibility under Pennsylvania’s unemployment compensation law, including self-employment, certain types of agricultural work and domestic services performed in a private home, among others. Jobs that are excluded from the program cannot have their wages or credit weeks used while determining financial eligibility .

Pennsylvania’s Office of Unemployment Compensation must also determine an applicant’s eligibility to receive benefits . Once financial eligibility is established, the focus then moves to the nature of a worker’s job loss or separation. You must be out of work through no fault of your own to receive unemployment compensation, according to Pennsylvania law.

To continue receiving unemployment compensation in Pennsylvania, you must be able and available to accept suitable work, not refuse work when offered “without good cause” and participate in reemployment services if required, the program mandates. Beneficiaries must also register for employment-search services through PA CareerLink within 30 days of filing a benefits application and actively seek work during each week you claim unemployment compensation.

How can I apply for unemployment benefits in Pennsylvania?

You can file an initial claim for unemployment compensation using an online portal or by calling the commonwealth’s toll-free number at 1-888-313-7284. A videophone service for those who use American Sign Language is available at 717-704-8474 between noon and 4 p.m. every Wednesday.

While filing, you will need to provide plenty of personal information, including your Social Security number, addresses, banking details and more. You will also provide information about your previous employer, including dates worked, your reason for leaving and any details regarding a potential pension or severance package.

Step-by-step instructions and a detailed forum answering frequently asked questions are available online.

Could I be eligible for unemployment benefits if I quit my job?

Probably not. Under Pennsylvania law, workers are deemed ineligible for benefits for any week in which unemployment results from “voluntarily leaving work without cause of a necessitous and compelling nature.”

Ultimately, claimants who voluntarily quit their jobs are responsible for proving or establishing proper cause for quitting. The burden is on the claimant, the commonwealth says, to show that they made “every reasonable effort to maintain the employer/employee relationship” before quitting their job.

Here’s a look at what claimants would be required to prove to receive benefits through some common “voluntary quit” situations:

• After quitting for health reasons , a claimant must prove they informed their employer of their limitations before resigning so that the employer could offer suitable work within those limitations. If suitable work was not offered, the claimant may be eligible for compensation.
• After quitting due to transportation problems , a claimant must prove that the loss of transportation was not their fault and rendered job-related challenges “insurmountable” after attempting to secure alternative transportation.
• After quitting to relocate with a spouse , a claimant must show that their spouse’s relocation was beyond their control and that relocation created economic circumstances that could not be overcome or that it was economically impossible to maintain two residences.
• After quitting due to personal reasons , a claimant must prove that personal circumstances left no reasonable alternative and that, prior to quitting, they made a reasonable attempt to maintain the employer-employee relationship.
• After quitting to attend school , a claimant must prove that such schooling or training was covered under the Trade Readjustment Act. Most instances of quitting a job to attend school are not considered necessitous or compelling, the Office of Unemployment Compensation says.
• After quitting due to unsuitable work , a claimant must prove there were changes in the conditions of employment that were not agreed upon or that an employer intentionally deceived the employee regarding work conditions at the time of employment. The suitability of employment can include wages, the degree of risk involved in work, physical fitness, prior training and experience, the distance of work from the claimant’s residence and more.
• After quitting a job that was not the same as anticipated , a claimant must show that “the monetary expectations of employment were not fulfilled” through no fault of their own. The Office of Unemployment Compensation offers the following example: A claimant is selling vacuum cleaners because they were told they could make $50,000 per year through commission sales, but they quit because, after three weeks, they were unable to make any sales and the personal expenses exceeded income.

Notably, a worker who is discharged or fired from employment “for reasons that are considered to be willful misconduct” is not eligible to receive benefits. In such a scenario, the employer must show that the employee’s actions “rose to the level of willful misconduct.”

If you applied for unemployment compensation but were denied, you can appeal a determination of eligibility by requesting a hearing no later than 21 days after the date on your determination notice. You can file an appeal online or by mail, fax or through the PA CareerLink platform .

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What is unemployment fraud? How is it penalized in Pennsylvania?

Under Pennsylvania labor law, examples of unemployment compensation fraud include:

• Failing to report money earned while collecting benefits
• Being dishonest about why you are no longer working for a previous employer
• Saying you are able and available to work when you are ill, traveling or otherwise unable or unavailable to work
• Reporting that you looked for work when you did not make valid work search efforts
• Allowing another person to collect benefits for you
• Stealing someone’s identity to file for unemployment benefits in their name

Sometimes, scams may attempt to trick workers or their employers through artificial unemployment benefit claims. Pennsylvania’s Office of Unemployment Compensation advises workers and employers to look for warning signs regarding possible scams: Workers should watch for receiving correspondence suggesting they filed an unemployment claim when they did not, while employers should be wary if they notice a claim has been filed for an employee who is still working.

The following general tips may help you combat unemployment scams, according to the Office of Unemployment Compensation:

• Never give out personal information through email, text messages or social media channels.
• Don’t wire money. Ignore requests from someone claiming they can help you file benefits for a fee or otherwise ask for money related to your benefits.
• Don’t open or respond to unsolicited emails or text messages.
• Don’t trust benefits information from unofficial websites.
• Save the Pennsylvania Department of Labor and Industry’s number, 888-313-7284, to know you’re receiving a legitimate call from the agency regarding your benefits.

Those who improperly receive benefits may face hefty fines and criminal prosecution, plus the required repayment of fraudulently collected benefits. Fraudsters may also need to have their federal income tax refunds offset to collect the debt owed to the commonwealth.

How can I report unemployment fraud?

You can report suspected instances of unemployment compensation fraud by browsing resources at uc.pa.gov/pages/report-fraud-here.aspx or directly visiting reportucfraud.pa.gov . There, you’ll find an online tool that guides users through a questionnaire requesting confidential information that will be used to investigate claims of fraud.