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Pennsylvania Unemployment Insurance Eligibility

Unless an employee deliberately acted in a way the he knew would result in termination of his employment, a fired employee can collect Pennsylvania unemployment benefits. In order to prevent an employee from receiving those benefits, an employer must prove the employee was guilty of ‘willful misconduct’. This means that if you are fired because of unintentional deficiencies in your work or because your supervisor dislikes you, you will receive unemployment payments unless your employer can prove you did something wrong on purpose.

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My employer requires me to work more than forty hours per week, but says I’m not entitled to overtime. Is this legal in Pennsylvania?

As a general matter, a salaried employee is exempt from overtime in Pennsylvania. However, a salaried employee may be entitled to overtime if the employment contract includes provisions for it. Further, just because your employer labels you as ‘salaried’ or exempt doesn’t mean that is actually a correct classification. If your lawyer has classified you improperly, then you could also be considered eligible for overtime payments.

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What can I do if my employer has not paid my insurance premiums and is now filing for bankruptcy?

If you pay health insurance premiums to your company, and the company declares bankruptcy – and so does not actually make the payments to the health insurance company – what happens may depend on the type of bankruptcy filed as well as the specifics of your health plan. In general, however, if your company declares bankruptcy, you will have your health insurance premiums paid or you will get a refund for the money withheld from you.

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