Voluntary Severance Package how it works with uc in pa (qualify, money)

[JAS987]

Latest Update. I went to sign the final papers at my job four weeks ago. Each form where I had to sign was typed , I am taking a voluntary severance package. I did receive my severance check with was taxed 40 percent and any vacation or sick time I was due. I was told at the meeting to go ahead and apply for unemployment that the company would not fight it. I did apply for unemployment, received the paperwork from the uc to fill out. I did attach a copy of the letter that was given to us at the original meeting regarding the downsizing. I wrote down on the form that during that initial meeting the head of hr did state that there will be layoffs. This weekend I did get the final response from uc. I was denied since I did a voluntary severance package . I was hoping for the unemployment benefits to cover our health benefits since now we pay out of pocket for the coming year.

[Ariadne22]

Originally Posted by JAS987

Latest Update. I went to sign the final papers at my job four weeks ago. Each form where I had to sign was typed , I am taking a voluntary severance package.

I did apply for unemployment, received the paperwork from the uc to fill out. I did attach a copy of the letter that was given to us at the original meeting regarding the downsizing. I wrote down on the form that during that initial meeting the head of hr did state that there will be layoffs. This weekend I did get the final response from uc. I was denied since I did a voluntary severance package .

I was hoping for the unemployment benefits to cover our health benefits since now we pay out of pocket for the coming year.

Were you given the option of remaining employed if you did not choose the severance? If so, for how long?

Regardless, you appeal this decision. You were a COERCED into this resignation.

For now, you immediately submit a request for an Appeal. You state "I disagree with this determination. I request an appeal hearing." You don't need to submit an argument or anything else at this time.

[JAS987]

ok, thanks

[DupontCoalKracker]

JAS, be careful of exactly what you are looking at on your determination(s). In a situation like yours, you are going to receive several determinations. You will have one determination on your separation and another on your severance. Just be sure that you are not reading a severance determination that says you are not eligible to receive benefits for a specific time period (severance delay).

Did you receive more than one determination? I would be very interested to read exactly what the determination says, and what section of Pennsylvania's UC law you are being denied under.

If you were denied as a voluntary quit and you need to appeal, be sure to keep signing for benefits on your biweekly cycle. Those back weeks will be released all at once when you prevail in your appeal.

I want to make sure you are not wasting your time appealing a severance delay determination, as that would be a waste of your time, since that is determined using a mathematical formula.

[JAS987]

I received the notice of determination: Under the title of Finding of Fact :it stated # 1. The claimant last worked on 8/24/2016 and # 2. The Claimant voluntarily quit because he accepted an early layoff package. Under Discussion title: denied under Section 402b. Under Determination title it stated: The Claimant is ineligible for benefits. It stated I have till October 5th to appeal. Under section 501e this becomes final unless an appeal is done.

[DupontCoalKracker]

JAS, you have a bad decision there from a UC Examiner that is living in the past.

You should have an appeal form or two amongst the mailings that you received from the UC Service
Center. As has been said, on the appeal form simply state "The determination dated xx/xx/2016 is wrong, I request a hearing in front of the UC Referee" and that's it. You can mail or fax it in. If you take it to a PA CareerLink office, they will fax it and date stamp it for you, so there is no question of the timeliness of the appeal. Once they give you a date for your hearing, come on back here and we will get you prepared to have this decision overturned. There is some court cases that were mentioned on the first page of the thread that you will want to print and perhaps read them over.

Would you mind telling me which UC Service Center issued the decision?

[JAS987]

At the original mandatory meeting with the HR dept at my job when they threatened layoffs ,if enough people did not take the voluntary severance package due to the fact the company needed to downsize. Did we feel threatened ? The answer was yes. They gave us a short time to decide. Many of us did not want to take a chance and get laid off in the near future.

I just found out from someone who did not take the buyout, that the head of HR just sent out a letter stating that enough people took the buyout that now there will be no layoffs in the maintenance dept.

Due to this letter, I do not feel I now qualify for an appeal

the uc rep was P Foley address on letter was erie uc service center

[Ariadne22]

Originally Posted by JAS987

Due to this letter, I do not feel I now qualify for an appeal

Incorrect. DupontCK explained that earlier, upthread, here:

Originally Posted by DupontCoalKracker

With regard to the voluntary employer separation package issue possibly being construed as a voluntary quit if you can't prove your job was going to be eliminated is no longer an issue in Pennsylvania.

For 30-years the case law precedent on what is called the "voluntary layoff proviso" in the PA unemployment law allowed claimants to accept a temporary voluntary layoff, but not a permanent voluntary layoff, and accepting an employer incentive or early retirement package when the claimant could not prove their job would be eliminated if the did not accept that package was usually a kiss of death.

That interpretation of that section of the law was overturned by a PA Supreme Court case Diehl v. Unemployment Compensation Board of Review (Pa. December 28, 2012)

The circumstances and letter mean the opposite of what you believe.

Did you read the Diehl case discussion cited by DuponCK upthread? It reads in part:

The Supreme Court reversed the Commonwealth Court’s long-standing precedent. Specifically, the Supreme Court considered whether the option to accept an early retirement plan offered as part of an employer-initiated workforce reduction was equivalent to the “option of accepting a layoff” under the VLO Proviso. The Court found the options to be equivalent, as both essentially were a termination of employment initiated by the employer.

The Supreme Court concluded that the VLO Proviso applies to employees who accept employer-offered early retirement packages as part of a workforce reduction, and as such, voluntary acceptance does not automatically disqualify them from eligibility for benefits.

Unemployment Compensation Case Update: Employees Who Accept Voluntary Early Retirement Incentive Offers Are Eligible for Benefits | Pennsylvania Labor & Employment Blog

Your case is exactly what the SC ruling addressed.

Send in the appeal request.

[Chyvan]

Originally Posted by JAS987

Due to this letter, I do not feel I now qualify for an appeal

Let's be more precise with this. The letter was produced AFTER it was too late for you to make a different decision. UI is about the reason you lost your job at the time you lost it. You made your decision based on what you were told at the time. The employer changing the rules doesn't hurt you one bit. It actually confirms that at the time you made your decision, you thought you were going to get the ax.

[yellowsnow]

Appeal, you will win. Technically you were laid off. You volunteered to be laid off but that makes no difference at all. They set out to lay off X people and they took volunteers first. And usually UC doesn't kick in till you use up your severance etc at your normal weekly rate.