Common Issues at Unemployment Compensation Hearings: "Voluntary Quit"
Q: Can
you receive unemployment compensation if you quit your job without
a good reason?
A:
You will be ineligible for unemployment compensation if you voluntarily
quit your job without "good cause". However, if you can
prove that you quit your job with "good cause", you may
be able to receive unemployment compensation (43 P.S. § 802(b)).
To receive unemployment compensation, it is up to you to prove that
you had "good cause" to quit your job.
Q: When
do you have "good cause" to quit a job?
A:
You have "good cause" to quit a job if the average person,
in the same situation, would have quit his or her job (Taylor v. UCBR,
378 A.2d 829 (1977)). But before quitting, you must make a "good
faith effort" to avoid quitting your job (PECO Energy v. UCBR,
682 A.2d 58 (1996)). That means that before quitting, you have to
tell your company about the problem, and give them a chance to solve
it (Deiss v. UCBR, 381 A.2d 132 (1997)). And if the problem is out
of the company's hands, you'll have to show that you tried to overcome
the problem yourself (Brown v. UCBR, 496 A.2d 1303 (1985)). Quitting
for a personal preference is not good cause. To be considered good
cause, you must have quit out of "necessity" (Glen Mills
School v. UCBR, 665 A.2d 561 (1995)).
Q: What
are some examples of "good cause" to quit a job?
A:
There are many examples of "good cause", such as:
Medical Reasons:
When you cannot work because of a medical condition (or when working
would worsen a medical condition) you may have good cause to quit
a job, and could therefore receive unemployment compensation (Deiss
v. UCBR, 475 Pa. 547 (1977)).
To receive unemployment compensation after quitting a job for
medical reasons, you must show that:
You had adequate medical reasons to quit your job; and
Before
quitting, you told your company about the problem, and gave
them a chance to accommodate you; and
Even with the health problem, you are able and available to work
at some job.
At your unemployment compensation hearing, you may need documents proving
that you had a medical condition (Wivell v. UCBR, 673 A.2d 439 (1996)).
Family
Circumstances: Family circumstances can be "good cause" to quit a job,
if you tell your employer about the problem and take steps to
fix it yourself (Davis v. UCBR, 452 A.2d 93 (1982)). For instance,
you may have good cause to quit if you lose your babysitter and
cannot find adequate childcare (as long as you make efforts to
overcome the problem, and tell you boss about the situation) (Truitt
v. UCBR, 509 Pa. 628 (1991)). If you quit your job to follow a
spouse, you can only receive unemployment compensation benefits
if your spouse was forced to transfer. If your spouse transferred
voluntarily, you will not be eligible for benefits.
Financial
Difficulties:
Financial difficulties can be "good cause" to quit a
job, if you've told your boss about the problem, and you've made
every effort to overcome the situation (Retten v. UCBR, 375 A.2d
646 (1974)).
Unacceptable
Working Conditions:
Unacceptable working conditions can be "good cause"
to quit a job, if you try to fix the situation with your employer
(Kirk v. UCBR, 442 A.2d 1234 (1982)). However, since you presumably
accept your working conditions when you take a job, simply being
unsatisfied with your working conditions is not considered good
cause to quit (Stratford v. UCBR, 466 A.2d 1119 (1983)). For working
conditions to be "good cause" for quitting, you must
show that:
Your employer has substantially changed the working conditions;
or
You were unaware of the conditions when you took the job; or
You were deceived about the conditions of employment. (Nat'l Aluminum
v. UCBR, 429 A.2d 1259 (1981)).
Some examples of working conditions that could constitute "good
cause" for quitting, as long as you informed your employer
of the problem, include:
Unsafe working conditions (Howell v. UCBR, 501 A.2d 718 (1985)).
Your employer's refusal to pay you (LaTruffe v. UCBR, 453 A.2d
47 (1982)).
Offensive conduct by your employer, supervisor, or coworkers,
such as unfair accusations, abusive conduct, discrimination on
the basis of race, sex, age, etc., or profanity at work (Moskovitz
v. UCBR, 635 A.2d 723 (1993)).
Transportation
Problems :
When a company relocates far from an employee, or when an employee
loses access to his or her personal transportation, a serious
problem could arise for the employee. Transportation problems
can be considered "good cause" to quit your job, if
you've told your company about the problem and have taken steps
to overcome the problem yourself (J.C. Penny v. UCBR, 457 A.2d
161 (1983)).
In determining if your transportation problems are "good
cause" to quit, courts consider:
The increased traveling time and additional expenses of a longer
commute.
Whether you asked your boss for reimbursement for any additional
expenses.
Whether you sought alternative means of transportation, such as
car pooling or public transportation (Love v. UCBR, 520 A.2d 107
(1987)).
Leaving for Other Employment:
Receiving a firm offer for another job is considered "good
cause" for leaving your current job (Anotoff v. UCBR,
420 A.2d 800 (1980)). However, simply having the possibility
of getting a new job is not considered "good cause"
for leaving your current job (Barron v. UCBR, 384 A.2d 271
(1978)).
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