Legal Question in Employment Law in Pennsylvania

compelling reason
I lost 2 very close family members in one week. Father had heart attack out of state the same week. Employer told me to take as much time as I needed off. Returned to work 7 days later to find myself with a suspendion for not calling in on Sunday. Viewing was sunday funeral on Monday. Returned to work on Tuesday, informing me on Thursday that I would be suspended. Being upset, shocked and broken hearted with all the tragedy of the week I was upset with the suspendion that I walked off my job. I couldn't believe after 15 years they couldn't understand my heartache. I put up with so much there, the sexual harrasmentis a big issue there. If they call me back I can't go back, this has left me with no job. Can I collect unemployment? Would this be considered a compelling reason? They could of had the desentacy to wait till some of my griving was easier to handle, I can understand a suspendion if I deserve it, this was unjustified and I feel betrayed. Please help..........

Asked on 4/27/06, 8:57 pm

2 Answers from Attorneys

David L. Bargeron Unemployment Help Center

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Re: compelling reason

With regard to your ability to collect unemployment compensation benefits the short answer is: maybe. The overall standard in an U.C. case is whether the claimant became unemployed through no fault of their own. If the claimant caused the separation from employment then they most likely cannot receive U.C. benefits.

In your situation I would first need to determine whether your suspension was actually a prelude to certain termination. If that is the case then the burden is different. If not (and it appears more likely not) then you must prove that you walked off the job for a necessitous and compelling reason. This means that a “reasonable“ person in the same situation would have taken the same action as you. Additionally, you musty also prove that you gave your former employer an opportunity to correct the situation. I need more facts to provide an accurate answer.

Please contact me so that we can discuss this in greater detail.

David

www.UChelpCenter.com

Answered on 4/28/06, 8:11 am

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