Legal Question in Employment Law in Pennsylvania
Would this qualify voluntarily leaving work with cause?
My current employer is on the verge of bankruptcy. He (owner) has written numerous checks returned NSF to vendors, suppliers and the alike.
On two occasions in September and October 2005 he bounced two consecutive paychecks to me. In January 2006 my co-worker also received an NSF check.
This past Friday 2/24/06, I became aware that our health insurance, which I contribute one third of has been suspended as of 2/14/06 due to non payment. No payment has been recieved by the provider in 2006.
On Friday 2/24/06 my employer stated that the situation would be taken care of and benefits restored by the end of the day. As of this afternoon 2/27/06, the provider has no record of payment and benefits have not yet been restored.
So in anyone's opinion, would this qualify as ''voluntarily leaving work with cause of a necessitous and compelling nature'' and allow me to recieve UC compensation?
1 Answer from Attorneys
Re: Would this qualify voluntarily leaving work with cause?
In my experience you most likely would qualify for Pennsylvania unemployment benefits. However, the standard under which you will be judged is whether you quit for a necessitous and compelling reason. This is defined as circumstances that would cause any reasonable person to leave their employment. Another aspect is whether you exhausted your alternatives prior to quitting. Here, you should inform your employer (in writing and keep a copy) that you cannot continue unless you receive your promised health benefits and a regular paycheck. Please feel free to call me for a free consultation if you have additional questions.
David L. Bargeron
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