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Hello all, I am in dire need of help! I had to resign from a current job because it was a LIABILITY more than an expense in the long run. I was spending over $500 a month in gas just to get there daily and often times had to borrow money from friends, co-workers in order to make ends meet until the next pay period. I know that resigning is frowned upon especially in this economy, however I can't see how me deciding to keep gas in my car to get to work was more important than paying my rent, buying food in my home or paying utilities. According to my calculations, after the cost of gas...I was making $7.87/hr!! How is THAT covering my family's cost to live?
I have an appeal on 02/09/12 and I would like to know what else can I say to prove that I was literally part of what is being called the "working poor"! I am just asking that I be allowed to use the benefit that I have worked for since the age of 14(not at the same employer) but in general. I am just in need of UI until I find employment CLOSER to my home and/or in an area that public transit will go to other than Mon-Wed(Pocono Pony Transit). In case anyone is wondering, I live in Tobyhanna and I worked in Bethlehem. I would also like to add that when I first started the job, I was living in Bangor, I moved in Nov. 2011 because the home we were livivng in was being sold. So I didn't get the job already living in Tobyhanna, but I moved into a place that was AFFORDABLE. Unbeknownst to me that it was gonna cost that much in gas to get there everyday.
Here's the problem: You took the job, and then you moved. Had the employer moved, that would be a different story. When you accept a job, you know the deal, you don't get to have buyer's remorse after you accept a job.
Now, go back through your story about how you started working at this place in the beginning. I'm finding it hard to believe you get more on UI than you did working, but stranger things have happened.
The why you moved could be important, but it has to hinge on the fact you were evicted or your house was in foreclosure, or being sold by someone other than yourself. That it was cheaper but then drove your commuting costs sky high doesn't count, that just means you used faulty math in making the move.
There's also the problem that you moved in Nov, and waited until now to quit, 4 months later.
You might be able to pull this off, but unless PA has a living wage exception, you need to keep the finances out of your argument.
This is the wording for AZ quit provisions regarding distance:
B. Commuting distance
1. If a worker elects to move the worker's residence beyond reasonable commuting distance for non-compelling reasons and quits work for that reason, the worker's leaving is without good cause in connection with the work.
2. If a worker quits because the employer moves the work premises beyond reasonable commuting distance, the worker leaves with good cause in connection with the work.
3. If a worker whose residence or work location has not substantially changed quits work because the commuting distance is excessive, the worker leaves without good cause unless:
a. The travel time or expense was excessive, and the worker has reasonable prospects of other, more suitable work; or
b. The travel time or expense was unreasonable.
4. "Beyond reasonable commuting distance" is determined from all surrounding facts and circumstances but shall be presumed when the claimant:
a. Resides more than 30 miles from the claimant's place of employment; or
b. Has a 1-way commuting time of more than 1 1/2 hours between the claimant's residence and place of employment;
c. Has commuting expenses equal to 15% or more of a claimant's gross wage, unless such expenses are customary for the claimant or for workers residing in the same locality as the claimant.
5. The Department accepts the mileage allowance paid state of Arizona employees for use of their private vehicles for official travel as the standard for determining cost of travel to the claimant.
You need to find PA's rules in this regard so you can carefully construct your argument.
Transportation problems - To be eligible, the claimant must show that the loss of the transportation was through no fault of his/her own and rendered his/her problem virtually insurmountable. He/she must attempt to secure alternate transportation prior to quitting. The claimant must also be able and available for suitable work in the local labor market consistent with his/her limitations.
If you were evicted, your transportation became an insurmountable problem if you can prove you were unable to find suitable, affordable housing within a reasonable distance.
How far away from that job are living? Quick math based on the cost of gas tells me you are about 60 miles one-way? Is that about right?
PA may deny your appeal because you chose to move so far away, but don't give up after one denial. PA is not the most claimant-friendly state. You will need to be persistent.
Thanks for the link to the PA UC code. I think I am going to kill some trees tonight and print it out. This whole unemployment thing is like a giant puzzle - the deeper you dig the more you can uncover the missing pieces.
If you were evicted, your transportation became an insurmountable problem if you can prove you were unable to find suitable, affordable housing within a reasonable distance.
How far away from that job are living? Quick math based on the cost of gas tells me you are about 60 miles one-way? Is that about right?
PA may deny your appeal because you chose to move so far away, but don't give up after one denial. PA is not the most claimant-friendly state. You will need to be persistent.
Thank you all for your help....I have won my appeal based on the FACT that I DID EVERYTHING within my power to continue to be employed and PROVED that my reasons to resign were IN FACT necessitious and compelling according to the State of PA!!
Grats on winning the appeal and good luck finding a job closer to home. I too find it hard to believe that you will make more on UI than you did working, but at least now you have free time to spend gas money on finding a new job!
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