Employment Law Articles
What Happens If You File Your UC Appeal Late?
If your Pennsylvania unemployment compensation (UC) benefits claim was denied and you missed the deadline to file your appeal, you’re probably wondering if you still have a chance to receive PA UC benefits. In some cases, you can still successfully appeal your PA UC determination even if you are late in filing the appeal.
In Pennsylvania, employees are given just 15 days from the Notice of Determination to file an appeal in order to obtain a referee hearing, who will hear testimony form the employer and employee and determine whether the employee is eligible for PA UC benefits. 15 days is not a whole lot of time and often times employees miss the appeal deadline.
Section 501(e) is the section that applies to the time limit for PA UC appeals. This section states that the time limit is mandatory and can only be extended beyond the time limit when “through …
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The Pennsylvania Construction Workplace Misclassification Act Requirements and Tests
If you are a business owner or employer who works with independent contractors in the construction industry, you will want to make sure that you are in compliance with the Pennsylvania Construction Workplace Misclassification Act which goes into effect on February 11, 2011.
To be properly classified as an independent contractor, the construction worker must (1) have a written contract to perform services; (2) be free from the hiring party’s control; and (3) be customarily engaged in an independently established trade, occupation, profession, or business.
The law has not yet established clear guidelines on what constitutes a written contract or the amount of control. It’s still unknown whether a written contract must be separate from a bid or purchase order. These determinations will be up to the Department of Labor who will issue regulations, which will then be interpreted and applied by courts.
In order to meet the third element …
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How The Pennsylvania Construction Workplace Misclassification Act Affects Misclassified Workers
Governor Randell signed the Pennsylvania Construction Workplace Misclassification Act into law, which is about to go into effect February 11, 2011. This act only applies to the misclassification of workers in the construction industry. All other industries would rely on common law tests.
Many contractors misclassify workers as independent contractors rather than employees in order to avoid carrying workers’ compensation and unemployment insurance. For workers who are misclassified as independent contractors, they may be wondering if they can bring a legal action against the employer.
Unfortunately, the Act does not allow private actions. Any violations of the Construction Workplace Misclassification Act could be reported to the Pennsylvania Department of Labor and Industry who would prosecute the case. Penalties includes stiff fines and even jail time. The employer can be liable for up to $1,000 per misclassified employee for the first violation and up to $2,500 per misclassified worker for each …
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PA UC Eligibility After Quitting Due To Harassment
Generally, employees who voluntarily quit their job are not entitled to PA UC benefits. However, when there are necessary and compelling reasons for quitting your job, you may be eligible to receive UC benefits. In some cases, the argument can be made that the employee was essentially forced to quit their job due to workplace harassment. Therefore, the employee technically didn’t quit, but was forced to resign. This is commonly referred to as a “constructive discharge.”
A constructive discharge occurs when the employer’s behavior is so intolerable that it would cause a person of ordinary sensibilities distress. In other words, the employee must not only prove that they were offended by the employer’s behavior, but that a reasonable person with ordinary sensibilities would be offended. The determination will come down to the level of outrageousness of the conduct, which must be determined on a case-by-case basis.
If the offensive behavior …
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Receiving PA UC Benefits After Quitting Due To Health Reasons
If you voluntarily quit your employment due to health reasons, you may be denied unemployment compensation benefits. If you leave your job for health reasons, you will not be entitled to PA UC benefits unless you are available and able to work elsewhere. Unfortunately, the ability to work is required to receive benefits. However, you may have a claim for workers’ compensation.
In other words, if a particular workplace causes or exacerbates an employee’s health conditions, then the worker can be eligible for PA UC benefits if they have to leave the job due to the conditions. A common example would be exposure to a chemical that causes allergic reactions.
If you feel that you need to leave your job for health reasons, you should talk to your employer about your health problem and explain your inability to perform your job duties. Hopefully, the employer will be able to …
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How long do PA UC benefits last?
Most people are eligible to receive Pennsylvania unemployment compensation benefits for 26 weeks. However, not all employees receive 26 weeks of benefits. If an employee has not worked enough credit weeks, they will not receive the full 26 weeks of PA UC benefits.
If you have not worked for the employer for at least 16 weeks, you will not be entitled to any unemployment benefits. If you have worked for the employer for 16 or 17 weeks, you will receive 16 weeks of benefits. If you have worked for your employer for more than 18 weeks, you will then be entitled to the full 26 weeks of PA UC benefits.
How do the federal unemployment compensation extensions factor in?
In addition to state unemployment compensation programs, the federal government provides Emergency Unemployment Compensation (EUC) benefits. The extended benefits you are eligible for depend on the state you live in and …
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