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Denied Unemployment Benefits-PA Real Estate License issue Pennsylvania

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  • Denied Unemployment Benefits-PA Real Estate License issue Pennsylvania

    After being laid off for several months, my wife acquired her real estate license and became affiliated with an agency while she was receiving Unemployment benefits. PA is denying benefits. Their conclusions were as follows:

    A strictly commissioned salesperson that has no specific work schedule is not considered to be unemployed regardless of the amount of remuneration she receives. This applies to any week that the claimant is working on a commission basis, even if the Claimant has no earnings or earns less than his weekly benefit rate plus the partial benefit credit. The claimant is not unemployed and benefits must be denied under section 401, 4(u) of the PA Unemployment Compensation Law.

    Shame on us for not even considering the benefits may be denied by getting her license.

    Questions:

    1) Do we have any grounds to appeal?

    2) If so any guidance on whether we should consult with an attorney to prepare the appeal?

    ANY insight is much appreciated.

  • #2
    I'm not seeing any; the law appears pretty clear to me.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      She's working, right? No longer looking for full time work? She's not unemployed any more.
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

      Comment


      • #4
        What I can't get past here is the fact that she has no income and may not see any income for some time. We expected that once she started receiving commission checks, then she would notify PA and then benefits would cease. By being proactive and seeking out a new career, she/we are getting screwed. This was always considered "supplemental income" and she is still looking for full time employment elsewhere.

        Comment


        • #5
          We understand that and so does the law. But she chose to take a job in which there IS no minimum salary requirement or mininimum wage requirement (outside sales). Commission-only jobs can be wonderful when sales are soaring; not so much when they are not (ask the millions out outside salespersons in the US in this economy). The fact is that she IS employed.

          Now, if she can convince the state that she only works, say 15 or 20 hours a week at this job, then maybe she'd have a chance on appeal for at least partial benefits. But, again, in this housing market, an agent working only 15 or 20 hours a week is not likely to be making many sales, and purchasing a house is a long sales cycle; it's not like selling something, for example, that consumers MUST have and MUST have today. I had a friend once who was a agent in a down housing market and he worked 60 hours a week and maybe make one sale a month, if he was lucky.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            We filed an appeal and will wait and see.

            Comment


            • #7
              Hearing is scheduled for next week.

              Comment


              • #8
                Good luck, but I agree with the others. Unemployment is for those who are unemployed, not for those working in a commission only workforce.
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                Comment


                • #9
                  Originally posted by TroubleInPA View Post
                  What I can't get past here is the fact that she has no income and may not see any income for some time.
                  If that was the case, every realtor in America would be on unemployment during the weeks or months they made no comission and drawing a commission when they have sales.

                  I understand what you are trying to do but thats generally not how it works. Good luck to you.
                  I find that the harder I work, the more luck I seem to have.
                  Thomas Jefferson

                  Comment


                  • #10
                    While we did not hold out much hope based on the feedback here, we received the referee's decision and they have overturned the previous ruling and declared her eligible.

                    Comment


                    • #11
                      Congratulations. Personally, I am suprised, but I have seen stranger things happen.
                      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                      Comment


                      • #12
                        Originally posted by CatBert View Post
                        Congratulations. Personally, I am suprised, but I have seen stranger things happen.
                        As am I. Don't be surprised if the employer goes to the next level of appeal, though. If I were the employer, I would do so.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Agree, even though she was declared eligible, the employer in this case may certainly take it to the next level of appeal.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            how? I'm going through the same thing. Can you advise?

                            Congratulations. Im being denied as well for the same reason. I havent made any money and i was advised by 4 reps that as long as i report my income i should be fine and that would only effect the amount for the week reported. I verified the information every time with another rep at the unemployment office. Im giong to appeal since this is bad times and if it wasnt for the bad information the unemployment office gave me i wouldnt have spent the $$ on my classes and license.

                            Any other advise would be much appriciated

                            Originally posted by TroubleInPA View Post
                            While we did not hold out much hope based on the feedback here, we received the referee's decision and they have overturned the previous ruling and declared her eligible.

                            Comment

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