Legal Question in Employment Law in Pennsylvania

Unemployment Benefits

If a person was awarded and is currently collecting Unemployment benefits (PA), and obtains a Real Estate License and a position with an agency, can they continue to claim unemployment until their first commission is earned? Though contractually employed by a company, $0.00 is earned until a sale is made and closed. PA's unemployment site refers to reporting earnings, not employment.

Also, if allowed to claim until the week a commission is earned, can the person continue to claim in subsequent weeks if no commissions are earned in those weeks?


Asked on 10/16/08, 10:37 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Unemployment Benefits

You asked about collecting unemployment for weeks you are working but unpaid.

Nope. You missed the trees for looking at the forest. While earnings is one element, another mandatory element is that a person must be available for work. In other words, if the person is working a full-time unpaid job then s/he is not available for work. There are even rulings that part-time unpaid work must be deducted from the benefit amount. (e.g. 10 hours of volunteer work in your field should create a 25% deduction in benefits.)

Even if someone were unemployed but refused to look for work, or was disabled for some reason then that person would likely not be eligible for unelmployment.

Regards,

Roger

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Answered on 10/16/08, 11:23 am


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