If you recently became unemployed because you quit your job, you may be eligible for unemployment compensation benefits (“UC Benefits”). When an individual quits his/her job and applies for UC Benefits, their case is decided under Section 402(b). When trying to obtain benefits under 402(b) of the Pennsylvania Unemployment Compensation Law (“Law”), you have the burden of proving that you quit your job for “necessitous and compelling reasons.”

Section 402(b) of Law specially states that:

An employee shall be ineligible for compensation for any week in which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in “employment” as defined in this Act. 43 P .S. § 802(b) (emphasis added).

How do you collect UC Benefits if you quit? Prove you had a “necessitous and compelling reason to quit.” What constitutes a “necessitous and compelling reason” that would allow you to obtain unemployment benefits under 402(b) of the Law?

An employee’s medical problems can constitute a “necessitous and compelling reason” for quitting where the employee is unable, either physically or emotionally, to continue working. However, the decision to quit because of your medical problems must be made in good faith. An individual cannot simply show up to work and quit because he/she has a stomachache. That individual will likely not get UC Benefits under 402(b). The decision to quit must be made in good faith.

Good faith occurs when you made a reasonable effort to maintain your employment by telling your employer of your medical problems so that the employer might provide an accommodation to allow you to continue working. For example, if you have severe migraines or arthritis that affects your ability to perform your job, you must inform your Employer of such.

Once you have informed your employer of your medical problems, it is their duty to offer you an accommodation to allow you to continue working. Lets say you have migraines that are aggravated by bright light. You can ask your Employer for your office to be put in a place with dim lighting and no windows. If your employer does not provide you with an accommodation, and you quit as a result, you have a “necessitous and compelling reason” to quit and may be eligible for benefits under 402(b) of the Law.

Domestic, filial, and marital circumstances may constitute a “necessitous and compelling reason” to quit. Domestic, filial and martial circumstances include the following:

1. Childcare – if you have problems obtaining childcare and you quit for that reason, you may be eligible for benefits under 402(b) of the Law
2. Martial problems – if your spouse had compelling reason to live in a life care facility and you quit to relocate with them, you may be eligible for benefits under 402(b) of the Law
3. “Follow the spouse” – if your spouse finds a new job in another area and you quit your job to join your relocated spouse, you may be eligible for benefits under 402(b) of the Law

Working conditions can also constitute a “necessitous and compelling reason” for quitting. A substantial and unilateral change in the terms and conditions of your employment can constitute a “necessitous and compelling reason” to quit. A change in hours, pay, or job duties are all examples of substantial and unilateral changes in employment. Unreasonably dangerous work conditions, which could jeopardize an employee’s health, can constitute “necessitous and compelling reasons.” However, you must have first communicated your concerns to the employer prior to quitting.

If you quit due to transportation problems, it may constitute a “necessitous and compelling reason” under 402(b) of the Law. An unreasonable distance to work and/or increase in work-related travel expenses due to the relocation of the employer’s business may constitute good cause.

As previously stated, these are just examples of what constitutes a “necessitous and compelling reason” for quitting. When you quit your job, you have the burden of proving you had a “necessitous and compelling reason” for doing so. Even if you fall into one of these examples, it doesn’t mean you will be found eligible for benefits under 402(b) of the Law.