Legal Question in Employment Law in Pennsylvania
I work for the archdiocese of Philadelphia. I am in my 31st year. 44 elementary schools will be closed in June. My school will remain open BUT our pastor told the faculty on Jan. 6th that all teachers must resign their position and then reapply for our job. When I was hired in 1982 you didn't need certification to teach in the diocese. Many of the teachers in my school have been there 20, 30, 35 yrs. We know we will not be rehired because we are not certified and are at the very top of the pay scale for the diocese. We are terrified that if we resign our position we will not be able to collect unemployment while looking for a new job. Please, could you advise me on what to do to be able to collect unemployment. Thank you so much.
1 Answer from Attorneys
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you are correct when you state that if you resign from your position voluntarily without a compelling or necessitous reason, you cannot collect unemployment. However, as Pennsylvania is a jurisdiction that follows at-will employment, the archdiocese has the option to terminate your employment at any time, for any reason. You also have that option. However, your termination of your employment relationship will likely result in denial of unemployment benefits.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
www.ezoldlaw.com
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