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Old 03-24-2009, 02:27 PM
 
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I have an employee that resigned to move with her family to SC. Now she's appealing the unemployment decision to deny benefits. I'm wondering what kind of questions I will be asked
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Old 03-24-2009, 02:57 PM
 
Location: Lancaster County, PA
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Quote:
Originally Posted by greatgrammy View Post
I have an employee that resigned to move with her family to SC. Now she's appealing the unemployment decision to deny benefits. I'm wondering what kind of questions I will be asked
I represented a company in one of those hearings. The questions you'll be asked will pertain to dates of employment, performance of the employee, etc. Did she provide you with a letter of resignation? If so, make sure you bring it. Did she state her reason(s) for resigning? Was it a hardship resignation, meaning did she resign for health issues or the health issues of a family member? Is she claiming any type of harassment from either a superior or co-worker? Any environmental issues that she had a problem with, either in the building or the town she worked in? Any witnesses to the resignation? Do you know how many weeks there were between the day she resigned and the day she filed for unemployment? She may have had a job lined up, found she didn't like it, quit and then decided to seek unemployment benefits.

I have found, and it's different in each case, that the burden of proof is on the employee when they resign and then submit a claim for unemployment. If you had terminated her and then she filed the burden would have been on the company. Good luck.
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Old 03-24-2009, 03:34 PM
 
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She provided a typed letter of resignation and signed the payroll notice under the statement of resignation. Her reason for appeal is that financially she can't afford to live on her own so she feels she had no choice but to move to SC with her parents. She did an adequate job but was definitely not a go getter.
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Old 03-24-2009, 03:41 PM
 
Location: Lancaster County, PA
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Originally Posted by greatgrammy View Post
She provided a typed letter of resignation and signed the payroll notice under the statement of resignation. Her reason for appeal is that financially she can't afford to live on her own so she feels she had no choice but to move to SC with her parents. She did an adequate job but was definitely not a go getter.
She may qualify for public assistance but I doubt very much she'll be granted unemployment. At the risk of sounding harsh it isn't your company's problem that she didn't think ahead. A person shouldn't resign from a job without a financial plan.
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Old 03-24-2009, 03:46 PM
 
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I believe that filing for unemployment was her financial plan since she arrived in SC on Monday, February 2 and applied February 3. Thanks for your help.
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Old 03-24-2009, 05:25 PM
 
Location: Lancaster County, PA
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No problem; good luck. The facts are on your side. I hope your former employee gets her act together.
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Old 03-31-2009, 07:03 AM
 
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My company won the unemployment case after being able to prove that she could have stayed with a relative in the area while she saved enough money to rent an apartment. The referee was pretty harsh on her for not even trying to make it on her own.
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Old 03-31-2009, 07:17 AM
 
Location: Lancaster County, PA
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Quote:
Originally Posted by greatgrammy View Post
My company won the unemployment case after being able to prove that she could have stayed with a relative in the area while she saved enough money to rent an apartment. The referee was pretty harsh on her for not even trying to make it on her own.
Congratulations. I don't like to judge anyone until I've gotten to know he/she but it didn't sound like she made much of an effort to support herself. Again, by resigning her position with your company without anything else lined up was irresponsible. Maybe the tongue lashing by the referee will wake her up alittle.
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Old 12-05-2009, 07:37 PM
 
42,978 posts, read 49,269,547 times
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Originally Posted by XxXGaMeRByTcHXxX View Post
She worked and paid into her unemployment benefits so she should have the right to collect.
Employees pay into social security, not unemployment! People only have rights to unemployment under certain circumstances. Get your facts straight before you have a rant.
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Old 12-06-2009, 10:44 AM
 
Location: East Coast
2,360 posts, read 2,265,833 times
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Originally Posted by Hopes View Post
Employees pay into social security, not unemployment! People only have rights to unemployment under certain circumstances. Get your facts straight before you have a rant.
Heh...maybe YOU should get your facts straight too. Employees in PA DO pay unemployment taxes, although the rate is only .06%. It shows up on my paystub as "PA Unempl EE".

5. PENNSYLVANIA UNEMPLOYMENT TAX
[SIZE=2]Wages subject to unemployment contributions remain at $8,000 for 2009. Employer rates vary based on experience and in 2009 their rate will be affected by a 5.8% surcharge on the contribution rate and an additional .25% tax. In 2009, employees will also be subject to a withholding tax at the rate of .06% (60 cents per $1,000) on all wages.
[/SIZE]


2009 Payroll Tax Rates
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