Legal Question in Workers Comp in Pennsylvania

if an employee quits do i have to give employee 2 weeks or can i ask them to be done today without them collecting unemployment?


Asked on 2/15/11, 3:16 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

I assume from the question that your employee has given "two weeks notice." When an employee quits as of a future date, and the employer terminates the employment sooner, the employee is entitled to UC for the period between the separation and the quit date given.

There is a one week waiting period, so the most the employee could receive is one week if she filed immediately.

Whether any UC benefit is charged against your account depends upon whether you are a "base year employer." If the employee has not worked for you for at least 3 months, you are not a base year employer. (This is one of the reasons behind a 90 day probationary period.)

There may be more important reasons to make the separation immediate that outweigh worries about the potential change to your UC tax rate that could result from a one week claim.

Some employers choose to make the separation immediate and pay the employee wages for the remaining period. These employers believe that it is better not to have the employee around, detracting from the productivity of the remaining staff, and getting paid for what is likely to be sub-standard performance.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 2/15/11, 3:32 pm


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