Will I win my uc appeal in PA (file, receive, claim)

[beeecccccour]

PA Unemployment


I was given an option at my employer to either resign and receive a severance payment or be fired. This was part of their performance plan. I was given 21 days to decide and by that time I had already missed the performance goal that I would have needed to receive in order to avoid being fired. I was also assured by the employer they would not contest an unemployment claim. I took the deal and now I was denied unemployment because in their eyes I voluntarily left the job. I filed an appeal but now I am starting worry that the appeal will be denied. Anybody had any experience with this or anyone know if I have a shot of getting the claim approved?

[Chyvan]

What did you already say to UI? What did your employer already say to UI? Have you gone to view the evidence file?

The problem with your situation is if you already said too much is that you have to prove that had you not accepted the severance package that within seconds you'd have been shown the door. If there was even 1 hour's more work that your employer would have allowed you to do, then it's treated as a quit, and the fact that you had a severance package and the "possibility" of a firing waiting for you, is not good cause.

It's possible that your employer isn't so bright, and you might be able to ask the very question, "if I hadn't have signed the severance package, would I still be working there?" If you're lucky, and they take the bait and say, "no." Then you might pull this off. If your employer is a no show at your hearing, you can testify to this, and you might also pull it off, but just know that right now, it's pretty iffy.

[beeecccccour]

Originally Posted by Chyvan

What did you already say to UI? What did your employer already say to UI? Have you gone to view the evidence file?

The problem with your situation is if you already said too much is that you have to prove that had you not accepted the severance package that within seconds you'd have been shown the door. If there was even 1 hour's more work that your employer would have allowed you to do, then it's treated as a quit, and the fact that you had a severance package and the "possibility" of a firing waiting for you, is not good cause.

It's possible that your employer isn't so bright, and you might be able to ask the very question, "if I hadn't have signed the severance package, would I still be working there?" If you're lucky, and they take the bait and say, "no." Then you might pull this off. If your employer is a no show at your hearing, you can testify to this, and you might also pull it off, but just know that right now, it's pretty iffy.

On my application I wrote that I had been offered a severance to resign or try to meet the performance goal and I chose to resign.

I haven't gotten a hearing date for the appeal yet so I have no idea what my employer stated. This is really making me angry because I was really given the impression that if I took the severance I would be able to collect. Is the severance offer their way of avoiding paying unemployment?

[Chyvan]

Originally Posted by beeecccccour

On my application I wrote that I had been offered a severance to resign or try to meet the performance goal and I chose to resign.

I haven't gotten a hearing date for the appeal yet so I have no idea what my employer stated. This is really making me angry because I was really given the impression that if I took the severance I would be able to collect. Is the severance offer their way of avoiding paying unemployment?

You should have asked before you even filed your UI. I'd have told you that you had a noncontesting employer (so they say. You can't really count on it) AND you had a severance agreement. You should have put down that you were laid off. The reason being is because people that quit or get fired rarely if ever get a severance package. At that point, only the employer could have killed this for you, and they would have had to be very clever to succeed.

Instead, you said what you said, and that is NOT good cause to quit as written. I'm just sick over this because what you're going through didn't need to happen at all.

The severance wasn't the employer's way of avoiding paying UI. You did that all by yourself by saying what you said.

You are going to have to now prove that there was a quit or be fired situation, and I mean quit or fired. Not a case that you could have worked another hour before your employer showed you the door. Personally, I don't even know if you can undo your earlier statement, it just sounds so horrible. It even sounds like you had a choice, and you chose to leave.

You need to be sure to view that file because if for some lucky reason that statement isn't there, you might be able to pull this off. If that happens, you need to start telling your story differently. You were laid off, you have a severance package, this is what happens when people get laid off. People that quit or are fired don't normally get severance packages.

What did your denial determination say? What did you write when you asked for your appeal hearing?