I successfully appealed a 402(b) ruling. This section of PA UC law states you must have a good enough reason - “of a necessitous and compelling nature” - to voluntarily quit your job.
I experienced burnout from working 12-16 hour days regularly. I quit in March 2023 and assumed that I would be ineligible for UC. A family friend suggested that I apply under 402(b).
I submitted my claim in July, citing the work hours. In September, I received a ruling that I was ineligible. The ruling said that my working at the company for x months was my acceptance of the arrangement. I submitted an appeal.
In October, I received notice of a scheduled in person hearing. I did not qualify for free legal aid and could not afford fees, so I prepared everything myself.
In November, I went to the hearing and met with the referee who would review my documents. There was no representative present from my employer. I read a personal statement with the following:
- I was told in the interview that the hours were reasonable, averaging around 40 hours a week
- when I realized it would be much longer hours, I regularly communicated to my manager that it was not sustainable
- I tried multiple strategies to lighten my workload but none worked
I also submitted witness statements from the following:
- coworker who reported to the same manager
- executive in the same industry attesting to how extreme my work hours were
- therapist on how the work hours impacted my depression
I did not have any other documentation from my time with that company to submit. I received notice the next day that I had won my appeal and I would begin receiving UC. I got the first check (with retro catchup) a couple weeks later.
TLDR: I proved that I had no choice but to quit my job. If your job is really impacting your well-being, it is possible to quit and still get UC.
I experienced burnout from working 12-16 hour days regularly. I quit in March 2023 and assumed that I would be ineligible for UC. A family friend suggested that I apply under 402(b).
I submitted my claim in July, citing the work hours. In September, I received a ruling that I was ineligible. The ruling said that my working at the company for x months was my acceptance of the arrangement. I submitted an appeal.
In October, I received notice of a scheduled in person hearing. I did not qualify for free legal aid and could not afford fees, so I prepared everything myself.
In November, I went to the hearing and met with the referee who would review my documents. There was no representative present from my employer. I read a personal statement with the following:
- I was told in the interview that the hours were reasonable, averaging around 40 hours a week
- when I realized it would be much longer hours, I regularly communicated to my manager that it was not sustainable
- I tried multiple strategies to lighten my workload but none worked
I also submitted witness statements from the following:
- coworker who reported to the same manager
- executive in the same industry attesting to how extreme my work hours were
- therapist on how the work hours impacted my depression
I did not have any other documentation from my time with that company to submit. I received notice the next day that I had won my appeal and I would begin receiving UC. I got the first check (with retro catchup) a couple weeks later.
TLDR: I proved that I had no choice but to quit my job. If your job is really impacting your well-being, it is possible to quit and still get UC.