Legal Question in Employment Law in Pennsylvania

Re: unemployment

You asked about termination from employment.

There is no hard and fast rule regarding unemployment compensation. The question you need to answer is why do they care?

An employer that is letting an employee go is not likely to do a departing employee any favors. UC comes out of the employer's pocket and will affect its UC insurance premiums.

What is the benefit to you for putting one thing versus another? Being resigning you may be giving up rights to other claims that you are not aware of. And the employer may still oppose your UC claim by alleging that you resigned rather than were terminated.

A UC investigator will determine whether "the job was lost through no fault of the employee." If that is not the case then an employee may be denied UC for the initial period. (It kicks after you have been unemployed for a period of time.)

When being made such an offer the employee must choose carefully what road to take. This is the only time that the employee can really negotiate good severance terms, such as an agreement to provide a good reference (according to a specific, agreed to script).

Speak with an attorney and handle the matter the right way from the start.

Regards,

Roger

Re: unemployment

If you expect to get unemployment compensation benefits, do not resign. That counts as a voluntary quit and you would be ineligible for benefits. You have to be unemployed through no fault of your own.