If I was denied my claim for unemployment, do I have a chance at an appeal?

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If I was denied my claim for unemployment, do I have a chance at an appeal?

My employer is fighting me on collecting unemployment. There were 2 co-workers and myself who were given the option of a layoff or move out of state. We were always paid $100 a day per diem when we traveled. I was undecided at first then agreed to go as long as I would get the per diem. At the last minute after packing with my fiancee and small son, we were told that we would only get paid the per diem for days worked. That means rain days and weekends when we did not work we wouldn’t get paid. It would not be practical or affordable for me so I decided to take the layoff. on my last day of work I was told to come in to the office and wait for a phone call to discuss this. Call never happened, I left and texted my boss saying I was taking the layoff, now they are saying I quit.

Asked on July 16, 2016 under Employment Labor Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Although it is not possible to predict the outcome of a hearing, you do have a good chance of succeeding with the appeal because you did not quit your job.
It would be advisable to obtain a declaration signed under penalty of perjury from your witness, the woman who was with you in the office, stating that you waited in the office and did not quit your job.
Her declaration is important because a layoff should entitle you to receive unemployment compensation whereas voluntarily quitting is a basis for denial of unemployment compensation.


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