Legal Question in Employment Law in Pennsylvania

Quit or Fired?

Help! I need some clarification. I have received notice that I am ineligible for UC Benefits due to Sec. 402(e) ''Willful Misconduct.'' I was employed at an organization and returned to school. My employer was aware of the situation and had stated that they would ''work with me.'' We were required to work every OTHER weekend; however, I was scheduled to work EVERY weekend as well as the entire week. I had made numerous attempts to change this, with no success. I had requested a day off and was told that I could not have the day off, nor could I call off. I told my supervisor that I would not be there the next day. I did not call to report off. My co-workers sent me a text message asking what happened and had stated that my name was removed from the schedule. I did not report to work the next day, nor did I call to see if I was still employed. Another co-worker was able to switch her schedule for school whenever necessary and I had made numerous attempts, both written and verbal, to collect back wages owed to me over a period of 3 months. Help!!!! Did I quit, or was I terminated for a rule violation? Any help would be greatly appreciated.


Asked on 11/29/06, 12:11 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: Quit or Fired?

I take it you filed a application for UC benefits and have been denied and still have a right to a hearing. Willful misconduct is a determination made by a UC employee based upon what information they recieved from your employer. It isn't about quit or fired, your employer has taken the position that they terminated you - hence willful misconduct.

Willfull misconduct is a facts and circumstances anaysis. Appeal the decision and go tell your story - worst case is you still lose.

Good luck.

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Answered on 11/29/06, 12:43 pm
David L. Bargeron Unemployment Help Center

Re: Quit or Fired?

Section 402(e) deals with termination �402(b) woudl be a voluntary quit.

Please contact me or go to the www.uchelpcenter.com to get a free consultation.

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Answered on 11/30/06, 7:11 am


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