Can you get unemployment if you are let go from a job because you asked for a reduction in work hours? - Pennsylvania

by Anonymous
(Philadelphia, PA)

I was laid off at the end of October and collected unemployment till mid January when I took another job . I am an exempt at will employee. The hours of the job are unreasonable-I work 10-12 hours a day 5 days a week and often on weekends. My husband just got a new job after being unemployed for 6 months. He will also be working 10 hour days as well as away from home training for 3 months straight. I have a 2 year old daughter and cannot work unitl 8 or 9 every night, especially if he is not at home. I plan to talk with my employer about a reduction in my hours, no travel for three months,etc. I am even willing to take a cut in pay. However, I beleive that my employer will say that the nature of my job does not really allow for a reduction in hours or set hours ie 9-3. If I am not available then someone else will have to do my job. So, my question is if I ask my employer to work with me on this, but they come back and say that they can't do that and will have to let me go.....can I then get unemployment?


It's possible because you're in Pennsylvania. The statute for voluntary quitting says that a quit for this reason may be okay "if the reason was necessitous and compelling and claimant exhausted all alternatives before quitting.


If your employer actually terminates you well .. that wouldn't be very smart. It's a better solution for them to let a claimant be the moving party and let them deal with proving they "exhausted" all alternatives before quitting.

You are doing what you have to do .. to build good cause.

An employer would probably focus upon facts like "these were the hours and conditions of employment when the job was accepted" and that you did not explore all possible alternatives .. like finding childcare to accommodate these changes.

I wish I could direct you to some reveling decisions that explain how the statute is applied, but PA does not have anything online for quick and easy reference. You might try here
http://www.aopc.org/Search/Default.htm?c=Opinions&q=unemployment

Pennsylvania is one of few states that does not require the reason be attributable to the work .. but it definitely requires you to do your very best to try everything else first... so be careful.

By the way, if the employer actually "lets you go" because you asked for a temporary accommodation of hours .. that would be a good thing.

And finally, the one thing you are doing that could disqualify you without any help from the employer is that you gave the example of 9-3 as set hours .. that is limiting your availability for work and can disqualify you.

Generally, everyone must be able and available and actively seeking full-time work to collect unemployment.