Where the Employer Terminates

The burden is on the employer if they terminate your employment to show willful misconduct. This would be if you did something that violated a rule, against your employer's interest, or in a way that could be considered unacceptable. Things that fall under this would be repetitive tardiness from work, stealing, or fighting. Willful misconduct would normally involve intentional actions. Unsatisfactory performance is not considered willful misconduct. Employers may also waive enforcement of a rule against you if it is not uniformly enforced or there has been no prior warning. 

Where the Employee Quits

The burden is on the employee when they quit to show a compelling and necessary reason to do so. They must do everything possible to save their job. They should ask for reasonable accommodations, if needed. They should also inform their employer of their limitations and provide a doctor’s note. It is better to ask for medical leave, such as FMLA. The employee should always follow the employer’s rules for taking leave. 

You may not want to head back to work, if you are in a high-risk category for COVID-19. However, there are no laws or appellate decisions that clarify this issue yet.

To qualify for unemployment, you must be out of work through “no fault of your own.” In other words, you didn’t quit just because you felt like taking a break, or weren’t fond of your co-workers.

Weekly Benefit Calculation

Weekly benefits are calculated by looking at your highest quarter in your base year, which is the first four of the last five completed quarters. A certain percentage of your wages are required to be earned in quarters other than your highest quarter.   

How COVID-19 Affects Unemployment

In addition to state-provided unemployment, the federal government has rolled out unemployment benefits specifically related to COVID-19. This included a $1,200 stimulus check for adults, which was sent out in mid-2020, as well as the opportunity for self-employed professionals to apply. It also offers 13 extra weeks of unemployment on top of what your state offers, allowing Pennsylvania residents to obtain up to 39 weeks of benefits. Keep in mind, this is a fluid area of law and is subject to change.

Normally, self-employed individuals do not qualify for unemployment. If you are self-employed part-time and are laid off from your main employment, you may continue to receive unemployment normally, but only if your self-employment does not increase. For example, someone who works as a barber exclusively on the weekends would not be disqualified from unemployment if they are laid off from their Monday-Friday job, unless they increase their barber shop hours.

If you have more questions about this evolving area of labor law, you can turn to Achille Law, P.C. in Brookville, PA. Attorneys John G. Achille and Joseph H. Ellermeyer are committed to helping out-of-work clients get back on their feet, whether they need to apply for benefits or appeal a denial. In addition to unemployment, they can also offer assistance with personal injury, worker’s compensation, social security disability, bankruptcy, and other areas of the law. To learn more about their practice areas, visit the website. Call (814) 849-6701 to schedule a free consultation with an attorney.