Isabella Carter
In the context of Section 402(b) of the Pennsylvania Unemployment Compensation Law, a necessitous and compelling reason refers to a legitimate justification for quitting a job. This typically involves demonstrating that the employee had no reasonable alternative but to resign due to circumstances beyond their control. The burden of proof lies with the employee to establish that they had a necessitous and compelling reason for quitting, and eligibility for benefits under 402(b) is determined on a case-by-case basis.
| Characteristics | Values |
|---|---|
| Medical problems | An employee is unable, either physically or emotionally, to continue working |
| Medical problems | An employee must have made a reasonable effort to maintain employment by informing the employer of their medical problems |
| Domestic, filial, and marital circumstances | Childcare problems |
| Domestic, filial, and marital circumstances | Spouse has a compelling reason to live in a life care facility |
| Working conditions | A substantial and unilateral change in the terms and conditions of employment |
| Working conditions | Unreasonably dangerous work conditions |
| Working conditions | Concerns about working conditions must be communicated to the employer prior to quitting |
| Transportation problems | An unreasonable distance to work and/or increase in work-related travel expenses due to the relocation of the employer's business |
| Early retirement incentives | A well-founded imminent threat that the job will be eliminated |
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What You'll Learn
Medical problems
An employee's medical problems can constitute a "necessitous and compelling reason" for quitting their job under 402(b) of the Law, where the employee is unable, either physically or emotionally, to continue working. However, the decision to quit because of medical problems must be made in good faith, which occurs when a reasonable effort has been made to maintain employment. This includes informing the employer of any medical problems so that the employer might provide an accommodation to allow the employee to continue working. Once the employer is informed, they are obliged to offer an accommodation. If they do not, and the employee quits as a result, then the employee has a "necessitous and compelling reason" to quit and may be eligible for benefits under 402(b) of the Law.
For example, a claimant who was pregnant and unable to perform heavy lifting had an urgent, compelling, and necessitous reason for quitting when her employer’s only offer to accommodate her medical necessity was to reduce her hours, without providing any relief from lifting heavy items. In another case, a claimant was vomiting blood from an ulcer and the doctor advised a less stressful job. The Board held that the claimant's leaving was involuntary, so long as the claimant reasonably believed the condition was caused by work.
It is important to note that there are no hard-and-fast rules regarding what constitutes urgent, compelling, and necessitous circumstances for leaving a job. Such determinations are largely driven by the facts of the individual case. When applying for unemployment benefits, the employee has the burden of proving that they quit their job for "necessitous and compelling reasons".
In addition to medical problems, domestic, filial, and marital circumstances may also constitute "necessitous and compelling reasons" to quit under 402(b) of the Law.
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Harassment or discrimination
To prove a necessitous and compelling reason for quitting due to harassment, the conduct of the employer, supervisor, or co-workers must be beyond the scope of management prerogative or tolerable behaviour, causing mental stress or distress to a person of reasonable sensibilities. The burden of proof lies with the employee to demonstrate that the harassment was outside their control and objectively offensive.
In the case of harassment by co-workers, the employer must be generally aware of the harassment and fail to address it for it to constitute a necessitous and compelling reason for quitting. Repeated sexual harassment, known or condoned by the employer, will likely provide a necessitous and compelling reason for termination and eligibility for unemployment compensation benefits.
Discrimination with respect to a term, condition, or privilege of employment can also constitute a necessitous and compelling reason for quitting under 402(b). Harassment must be based on an employee's legally protected characteristics, such as race, colour, religion, sex, sexual orientation, gender identity, national origin, or disability. For example, sex-based discrimination includes employment discrimination based on pregnancy, childbirth, related medical conditions, sexual orientation, or gender identity.
It is important to note that eligibility for benefits under 402(b) does not automatically imply that an employee will receive them. Even if an employee's reason for quitting falls under the category of necessitous and compelling, they must still prove their case and demonstrate that the circumstances were outside their control.
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Transportation problems
Transportation issues can constitute a "necessitous and compelling reason" for quitting a job under 402(b) of the Pennsylvania Unemployment Compensation Law. This is a general term for reasons that are outside of an employee's control.
If an employee loses their means of transportation and is unable to get to work, they may be eligible for UC benefits under Section 402(b) as long as they are still able and available for work. This means that an unreasonable distance to work and/or an increase in work-related travel expenses due to the relocation of the employer's business may constitute good cause.
However, it is important to note that even if transportation problems are a contributing factor, it does not guarantee that an employee will be found eligible for benefits under 402(b) of the Law. The employee has the burden of proof in establishing good cause for quitting. They must prove that they had a "'necessitous and compelling reason' for quitting their job and that they made a reasonable effort to maintain their employment. For example, the employee must show that they attempted to secure an alternate means of transportation before quitting.
Other examples of "necessitous and compelling reasons" for quitting a job under 402(b) include domestic, filial, and marital circumstances, as well as working conditions.
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Unilateral change in employment terms
A unilateral change in employment terms refers to when one party to an employment contract (either the employee or the employer) amends the terms of the contract without the necessary consent from the other party. This constitutes a breach of contract and can lead to the legitimate termination of the contract as well as legal action.
In the context of "necessitous and compelling reasons" under 402(b), a substantial and unilateral change in the terms and conditions of employment can indeed be a reason for an employee to quit and still be eligible for benefits. This could include changes in hours, pay, or job duties. For example, if an employer expects an employee to work extra time or at a reduced salary without their consent, this would be a unilateral change.
However, it is important to note that employers often seek to reserve the right to vary the terms of the contract unilaterally, and courts may enforce such clauses if they are clear and unambiguous. For instance, in the case of the National Audit Office (NAO), the Employment Tribunal held that the NAO had the right to unilaterally vary contracts based on a general variation clause in their staff handbook, which was upheld on appeal.
On the other hand, in the case of the Department for Transport (DfT), the High Court held that they were not entitled to unilaterally change the terms of their staff handbook, as the handbook was incorporated into the employees' contracts of employment.
Therefore, while a unilateral change in employment terms can be a necessitous and compelling reason to quit under 402(b), it is not always a straightforward determination and will depend on the specific circumstances and the applicable law.
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Marital problems
Relocating with a spouse
If your spouse has a compelling reason to live in a life care facility and you quit your job to relocate with them, you may be eligible for benefits under 402(b).
Following a spouse
If your spouse finds a new job in another area and you quit your job to join them, you may be eligible for benefits under 402(b).
Childcare
If you have problems obtaining childcare for your children and you quit your job for that reason, you may be eligible for benefits under 402(b).
It is important to note that these are just some examples of situations that may constitute a necessitous and compelling reason to quit under 402(b). Each case is evaluated individually, and the specific facts and circumstances of each situation will determine whether the reason for quitting is deemed necessitous and compelling.
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Frequently asked questions
Domestic, filial, and marital circumstances may constitute a necessitous and compelling reason. This includes problems with childcare, spousal relocation, and medical problems that hinder an employee's ability to work.
Some examples include:
- Inability to obtain childcare for your children.
- Your spouse finding a new job in another area, prompting your relocation.
- Your spouse having a compelling reason to live in a life care facility, causing you to quit and relocate with them.
Working conditions can also be a necessitous and compelling reason for quitting. This includes substantial and unilateral changes to the terms and conditions of employment, such as changes in hours, pay, or job duties. Additionally, transportation problems, such as an unreasonable distance to work or increased travel expenses due to the employer's relocation, may also be considered.
