Unemployment benefit eligibility

Anonymous

February 13,2024 at 4:40PM UTC

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Unemployment benefit eligibility

I am considering resigning from my employer because we have not been paid in two months and there's no answer as to when we will be paid what we are owed. I want to file for unemployment and from what I have read, it seems that because there's a change in the original working agreement (not issuing wages for hours worked), I may be eligible. Does anyone have experience with this, specifically in PA?

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AnonymousFebruary 13,2024 at 5:28PM UTC
Contact them and also state labor board
Jessica PostFebruary 14,2024 at 3:27PM UTC
Your state legislator could also be helpful in resolving this. Most Pennsylvania state legislators have large staff and district offices, so they should be able to help navigate this and escalate your case with the state labor board.
AnonymousFebruary 13,2024 at 6:37PM UTC
No, you can find that by going directly to the source at the EDD in your state. They will be able to provide you with specific instructions and guidelines regarding your situation.
AnonymousFebruary 13,2024 at 6:56PM UTC
You should be eligible for UI benefits for sure. When you apply let them know the date you were last paid.
Every employee with a bona fide claim of wages due and not paid within 30 days after the regularly scheduled payday, or within 60 days beyond filing of proper claim, is entitled to claim 25 percent of the unpaid wages or $500, whichever is greater.
Contact the Dept of Labor and file a claim with your local commissioner.
Also stop working asap...and focus on your job search.
AnonymousFebruary 13,2024 at 7:10PM UTC
Two months? Totally illegal. Go to labor board YESTERDAY....now.
Jess WhittekerFebruary 13,2024 at 7:37PM UTC
This is a wage and labor dispute, as you are not being paid for work completed. I would go to the wage and labor board, and file for UI immediately. You can not work for free.
Elizabyth HarringtonFebruary 15,2024 at 12:50PM UTC
Oh, I'm so sorry. Check and make sure there's no problem with filing if the company skipped out paying their payroll taxes. I was in a similar situation in CA several years back, where the company stopped paying everyone. But the company also didn't file payroll taxes (for the entire time I worked there) and I was told I couldn't file for unemployment because I'd be on the hook for the unpaid payroll taxes from the salary I did get (yes, the company did deduct everything from my paycheck when they paid me - they just pocketed it instead of paying the government). So for me it wasn't worth it. I just moved on and chalked it up to a rather painful (>$25K) lesson.
GirlBossanova934974February 15,2024 at 1:54PM UTC
As several commenters have already stated, you need to pick up the phone to the Pennsylvania Department of Labor and Industry today! Here is their contact page........https://www.uc.pa.gov/pages/contact-us-uc-benefits-info.aspx There are all sorts of ways to contact them! Good luck!
Ky Ky JiannineFebruary 16,2024 at 1:59PM UTC
My situation is identical. They lied to the wage and labor board which has no enforcement power in WV. They fight every unemployment claim and drag it out for months or years. Two former employees took them to court for money owed: no luck. The company holds all the cards. Get out if you can —-they won’t change.
Cheryl LahtiFebruary 16,2024 at 2:10PM UTC
You need to contact state department of labor
AnonymousFebruary 16,2024 at 3:02PM UTC
EEOC will collect wages for you, file a complaint. They are good at telling you the law and your rights - but, unemploy is another story that am not informed on in your case. Please don't allow this to go on any longer.
AnonymousFebruary 16,2024 at 3:08PM UTC
Workforce Development would go bankrupt if this was a reason to pay people while people look for other jobs. You have already quietly quit. Resign and then get another job. These employers, human resources, your manager, and workforce development do not care about people at all, care about yourself. HR, Dept of Labor, Managers have gotten worse.
Margo JohnsonFebruary 16,2024 at 4:33PM UTC
That doesn't make much sense to me. Someone not getting paid for the work they do is extremely illegal. One might make the case that by not paying their employees, the employer has implicitly severed the employer-employee relationship, akin to a termination, and this would absolutely entitle the former employees to receive unemployment benefits while they seek new jobs. Not being paid for their work is another matter that would be handled by a different part of the labor board.
The employer didn't "quietly quit", the employer did.
AnonymousFebruary 16,2024 at 4:34PM UTC
If you have a compelling reason for quit you will be eligible for UI. You will be called for an explanation as to why you quit. (This is called a determination interview.) This call will be set at a specific time and day and you will be asked a set of questions. Your employer will also be called and asked the same questions. If your employer doesn't respond or cannot be reached it will further fall in your favor. You are correct that another aspect is there are changes in the agreement of employment that is yet another factor. Much of the decision is based on how the determination interviewer documents the information they are given and applies it to the law. If for some reason you are disqualified, (you shouldn't be) you have the opportunity to file an appeal. If this is the case make sure to file it in a timely manner, I believe it's within 20 days but read the fine print to make sure. Not being paid with no date in sight is compelling. in my opinion. It seems it should be a no brainer. You can verify UI laws in the Benefit Determination Guides that should be on your state's unemployment insurance website. There are state to state differences and the information I have provided here is for the state of CA. Although different they are similar. Good luck!
Dawn WhiteFebruary 16,2024 at 7:14PM UTC
If you have not been paid in 2 months, why wouldn't you also be contacting the US Department of Labor?
AnonymousFebruary 16,2024 at 7:52PM UTC
And a lawyer
Meagan MosherFebruary 16,2024 at 9:33PM UTC
Go to the state labor board immediately. You should not have to go without a paycheck for that long. Period. And, also, before you resign.. I would talk with unemployment first... that way you have all the detail beforehand. They can also advise you on the proper direction to take. I wish you the best of luck!!
LORI-ANN BURLINGAMEFebruary 17,2024 at 9:35PM UTC
You may want to reach out to an employment attorney. Check to see if your city has a Legal Aid Society. They provide legal services to community members at little or no cost to them. In addition, law schools often have law clinics that provide services to the public.
Sending positive energy you way.
Before you resign, you may want to contact your local Unemployment Office and explain your situation to them. You may be eligible to file for unemployment or for other benefits.
AnonymousFebruary 19,2024 at 10:07PM UTC
I addition to state labor board you might want the, to find out if employer has been paying payroll taxes.
If they are not paying employees, they may not being the taxes
AnonymousFebruary 19,2024 at 11:06PM UTC
Not in PA but in Ohio it’s covered, but in my case they didn’t backdate to my last check, only moving forward. They forced me to apply for other work and my company eliminated my position as soon as they found out I applied. I know it was retaliatory but they said it was cost-saving. I called wave and hour and got my back pay.
Heather HaalandApril 15,2024 at 2:21PM UTC
Agreed, file for unemployment. Also consider filing “demand for wages” with your state, a complaint with the federal department of labor wage and hour division, and a complaint with your state attorney general.