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PA unemployment compensation issues , thinking ahead.

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commentator

Senior Member
Let's not forget that when you retire, you have removed yourself from the labor force. And that means your employer has work available for you, you have chosen to remove yourself from availability to do this work. Why should they, in these circumstances, have to pay you any unemployment compensation? Most places will let you continue to work until your retirement date, but you can bet that when you leave and file for unemployment compensation, there's going to be the issue of "are you able, available and actively seeking other work?" and "No, I'm retiring" is not going to get you any U.C.
 


cbg

I'm a Northern Girl
Let's not forget that when you retire, you have removed yourself from the labor force. And that means your employer has work available for you, you have chosen to remove yourself from availability to do this work. Why should they, in these circumstances, have to pay you any unemployment compensation? Most places will let you continue to work until your retirement date, but you can bet that when you leave and file for unemployment compensation, there's going to be the issue of "are you able, available and actively seeking other work?" and "No, I'm retiring" is not going to get you any U.C.
And I have direct personal evidence that this is true in PA.
 

HRZ

Senior Member
Fully understand that to retire is to voluntary remove ones self from the workforce and it negates UC eligibility . ( In some academic circles they want long advance notice of retirement and provide incentives to do so....but this is NOT applicable )

IN this situation the boss 65 is demanding 68 year old retire , multiple demands
( and has hired a younger replacement now in training ) For some unclear reason boss has decided he cannot retire until she rerires .

She intends to retire about Feb 2019 ( w/o UC of course ) The Catch 22 question is is a decision given to boss to retire in 6 mos a quit that boss can unilaterally accelerate to now and individual is likely disqualified from UC now
 

commentator

Senior Member
No, it would be a forced quit, which comes down to an "out of work through no fault of their own." It might take some appealing, running through the system. The employee would have to be very careful to assure the PA unemployment system that they were still in the workforce, still able, available and actively seeking other work for the next few months.
But it would more than likely be a claim for benefits that would have a good chance of being approved in the unemployment world, and the person would pretty much basically get to be off work, draw 6 months of unemployment insurance at the expense of the company for the six months that they'd have been working till next February anyhow, so that's a win for the employee that would make their employer dumb as a bag of rocks. Not saying there aren't any who aren't that dumb, but still, it'd be a good thing, not something to worry about!

The time when notice/unemployment is problematic is when someone announces they're planning to quit, say in four weeks. And the employer jumps it up and says, okay, leave now. Many companies do this just as a matter of policy. Who wants a short termer drawing your money, maybe paying back all old grudges for the next few weeks? Some do, some don't, it's sort of subjective. And whether or not they'd qualify for benefits in this situation is iffy but possible.
This is not the same thing as announcing a planned retirement six months in the future " a decision given to boss to retire in 6 mos" (why, by the way, would you want to announce something like this so far in the future anyway?) This much notice is NOT required anywhere I've ever heard of, and could very easily be something you might change your mind about, want to work a longer or shorter time. Why give so much notice?
 

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