Baltimore, MD asked in Employment Discrimination and Employment Law for Pennsylvania

Q: Collecting unemployment

I worked at a company for 2 years at the same job in the company as a high reach operator. They bought in a new supervisor and she changed me to another department were i had no experience or certification on the equipment. Which they told me I had to do. I am scared of heights and wasn't certified . I scared to go up on the platform and came down and quit .can I collect unemployment even after I quit because I couldn't do that job?

1 Lawyer Answer
Andrew S. Abramson
Andrew S. Abramson
PREMIUM
Answered
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in Pennsylvania

A: In order to qualify for unemployment compensation in Pennsylvania when an employee quits work (i.e. resigns) the legal standard is that there must be a "necessitous and compelling reason" for resigning. Prior to quitting, an employee should discuss the issue(s) of concern with the employer to attempt to resolve the issue(s) before quitting. If the issue(s) are not resolved then an employee would have support for the position that the employee tried to resolve the issue(s) prior to quitting. In your situation it does not appear that you discussed the issues with the employer prior to quitting which will make your claim harder. Nonetheless, if there is a medical reason or safety related reason that caused you to quit, you may be able to establish a basis for unemployment compensation benefits. You should apply for benefits and see what happens. If you are initially denied, then you should consult with an attorney to potentially appeal the decision.

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