I got some positive news from the PA unemployment office, when I E mailed them with the question....I said that with a 21 % paycut, I can't pay my bills...If I had to quit my job to spend my fulltime to find a job of "Equal Pay" before my involuntary cut, would I be eligible to collect...And that if it is a fulough condition, you are not forced to accept a "lower paying" job than what you have been living on....
This was their response that stated it is a possibility to get unemployment compensation "Under PA Section 402"....and it is judged on a case by case basis...
Here is their response....
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This is in response to your recent e-mail regarding your possible eligibility or unemployment compensation (UC) if you quit continuing employment because your employer has reduced your salary.
The following general information on voluntary quit separations is provided. A determination concerning eligibility/ineligibility for UC cannot be issued prior to an individual's separation from employment. However, should you become separated and file an application for UC benefits, you would then be asked by the UC Service Center to provide specific information regarding your separation from employment. All available information concerning a your separation would then be considered prior to the UC Service Center issuing the UC eligibility determination.
UC is a form of income support that protects an individual against income loss if he/she is separated from employment through no fault of his or her own. UC benefits are paid, for a limited time, to individuals who are able and available for suitable work, but continue to be unemployed while looking for another job.
If you voluntarily leave continuing employment, your UC eligibility will be determined in accordance with Section 402(B) of the Pennsylvania UC Law. Section 402(B) provides, in part, that an employee shall be ineligible for UC for any week in which his or her unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature. A claimant who voluntarily quits continuing employment has the burden of proof in establishing good cause for quitting and that such cause was real and substantial, leaving the claimant no other alternative.
A necessitous and compelling reason would be that in which a reasonable person would have no other choice. The claimant must demonstrate that his or her behavior was consistent with prudence and ordinary common sense, and was based on factors that are real, substantial and reasonable. Changes in the terms and conditions of employment and its effect may, under certain circumstances, be considered to be a cause of necessitous and compelling nature.
Unfortunately, we cannot give you a definitive answer regarding your UC eligibility. However, the following examples may help to explain the "necessitous and compelling" burden.
A baggage handler making $8.00 per hour has his wage rate cut by $1.50 an hour due to his employer's changing budget priorities. Upon quitting, he files for UC benefits, and after providing the UC Service Center with proof that he could not afford to work for less pay (because of financial reasons) and needed to find another job, he will probably be found eligible for UC under Section 402(B). This reason for the eligible determination is because the UC Service Center decided that he had a necessitous and compelling reason for leaving his position.
A senior pilot making more than $100,000 has his salary cut by $ 20,000 in union concessions. When this pilot quits, and files for UC, in order to be eligible for benefits, he has the burden of proving that his quit was based on good cause. Since the claimant had the option of remaining employed at $80,000 per year or becoming unemployed with no income, he will probably be determined ineligible because he will not be able to demonstrate to the UC Service Center that he had no other choice but to resign from employment.
If you decide to voluntarily leave employment and are denied benefits, you will have the right to appeal that decision to an independent UC referee.
To file a new application for UC benefits, log on to www.dli.state.pa.us. Under quick links, choose unemployment compensation, and then file an initial application for UC benefits. You may also call your UC Service Center at 1-888-313-7284. The hours of operation for our UC Service Centers are Mondays 7:00 a.m. - 6:45 p.m. and Tuesday through Friday 7:00 a.m. - 4:45 p.m.
