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2 Weeks Notice and other things Pennsylvania

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  • #16
    Originally posted by cbg View Post
    And so are the rest of us. YOU may have seen it 100% of the time. That does NOT mean that it's hard and fast, carved in stone, gonna happen each and every time without exception.
    Calm down. I never said that it was going to happen everytime -- as a matter of fact I specifically said that my experience does not mean that someone can't be denied and subsequently lose the appeal, it's just that I make sure everyone I deal with crosses their t's and dots their i's.

    Take a breather young man.

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    • #17
      First off, I'm neither young nor a man. Your condescending tone is not appreciated.

      Secondly, your post comes through very clearly as a one-size-fits-all response. Your experience is not binding on the rest of us.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #18
        Originally posted by cbg View Post
        First off, I'm neither young nor a man. Your condescending tone is not appreciated.

        Secondly, your post comes through very clearly as a one-size-fits-all response. Your experience is not binding on the rest of us.

        Then don't read it. Seriously, for someone who claims to be a mature woman, I certainly can't tell.

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        • #19
          Also, to be clear it is not automatic, ie, the DOLI does not state that if you give notice and it is accepted immediately then you are eligible.

          Rather, it simply changes the conditions of sepration for those two (2) weeks from voluntary to involuntary, thereby shifting the burden of proof. If the employer terminated you for willful misconduct and can prove it, then the employer will prevail.

          I have represented parties, mostly employers, in every jurisdiction in the US and have yet to encounter a situation where an employee who was not permiited to work out his/her notice AND was not paid in lieu was deemed ineligible. However, I do not think a blanket statement that the above-situation always results in eligibility should be made.

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          • #20
            Originally posted by rjc View Post
            Also, to be clear it is not automatic, ie, the DOLI does not state that if you give notice and it is accepted immediately then you are eligible.

            Rather, it simply changes the conditions of sepration for those two (2) weeks from voluntary to involuntary, thereby shifting the burden of proof. If the employer terminated you for willful misconduct and can prove it, then the employer will prevail.

            I have represented parties, mostly employers, in every jurisdiction in the US and have yet to encounter a situation where an employee who was not permiited to work out his/her notice AND was not paid in lieu was deemed ineligible. However, I do not think a blanket statement that the above-situation always results in eligibility should be made.
            I agree, but I also said several times that what I was writing about were my experiences.

            Sounds like a few folks here could use a drink. Isn't it after 5:00 somewhere? Geez.




            [side note]: before you all go getting your panties in a bunch, that's just a joke. If you can't handle that, then yes, you need a drink. [end side note]

            Comment


            • #21
              Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

              Please explain where, in this cut and paste directly from your first post, there is any suggestion that there is anything but a single possible result.

              Yes, you later backtracked and tried to claim you were only talking about your experiences, AFTER you were corrected.

              Yes, you later came back and tried to make it everyone else's fault.

              Insulting me is not going to make everything better.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #22
                Originally posted by cbg View Post
                Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

                Please explain where, in this cut and paste directly from your first post, there is any suggestion that there is anything but a single possible result.

                Yes, you later backtracked and tried to claim you were only talking about your experiences, AFTER you were corrected.

                Yes, you later came back and tried to make it everyone else's fault.

                Insulting me is not going to make everything better.
                you think this is an insult? Wow. I have two grips you can have one of mine.

                Comment


                • #23
                  Originally posted by thatsprobablyillegal View Post
                  you think this is an insult? Wow. I have two grips you can have one of mine.
                  Lets just not deal in absolutes, such as chances are you will win, or based on my record, so far, all who have fought this has won. To say point blank you will win, could hurt someone, if they depend on that, and expect that payment when all is said and done. I for one, will not be there to pay whatever bills they rack up, because they were guaranteed on a site like this, that if they fight it they will win. I to have had to change wording in my statements, it is only because, we do not want to harm anyone, by letting them think that there is no chance of losing, when dealing with unemployment. We also keep in mind, that there are corporations out there, that have thier own attorneys, that would, if they felt like it, fight it, and maybe even possibly be able to dig some dirt up, to make it look like the firing was warranted, and the person only put in thier notice, before they had the chance to fire them. I do understand your trying to help, we all are, but never will we make concrete claims, on the unpredictable. Thank you so much for giving us your input.

                  Comment

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