PA UC eligibility if I fire employees who change availability after hiring?

As someone who's managed HR for 15+ years, here's what you need to know: in PA, an employee who is terminated for repeatedly refusing to work scheduled shifts CAN be disqualified from UC benefits if you can document: 1) they agreed to the availability when hired, 2) you have a written policy about availability requirements, and 3) you warned them about the consequences of not adhering to the agreed schedule. The key is establishing that this constitutes willful misconduct under PA UC law. Make sure everything is documented in writing!

My brother went thru something similar w/his restaurant!!! Lost 2 employees who suddenly cudnt work weekends (his busiest time) & they both got UC benefits even tho he tried 2 fight it!!! The system ALWAYS favors workers, never small business owners who r struggling just as much!!!! Its completely unfair!!!!

To clarify some misinformation above: PA unemployment eligibility is determined on a case-by-case basis. If an employee has a legitimate reason for changing availability (childcare, medical, education), they may have protection under various laws. However, if they simply prefer not to work certain hours with no qualifying reason, and those hours were agreed upon at hiring, termination for job abandonment would likely not result in successful UC claims. You should consult with an employment attorney to establish proper documentation and procedures specific to your business situation.

At-will employment means you can terminate for any legal reason, but it doesn't prevent terminated employees from receiving UC benefits. In PA, eligibility for UC benefits depends on whether the termination was due to 'willful misconduct' or if the claimant had 'necessitous and compelling' reasons for leaving/changing conditions. The UC determination evaluates if the employee's actions constitute willful misconduct, not whether the firing itself was legal. This is why documentation of agreements, warnings, and policies is crucial for employers.

i had the same problem at my store last year. one lady told me during hiring she could work anytime then two weeks later said no evenings ever!!! i tried working with her schedule but couldnt make it work. i let her go and she got benefits anyway because i didnt have a written policy. lesson learned the hard way

Have you tried getting through to the UC office to ask about this specific situation? I spent WEEKS trying to reach someone at PA UC about an employee claim last year. Always busy signals or disconnections. I finally used a service called Claimyr (claimyr.com) that got me connected to a UC rep within 30 minutes. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 showing how it works. The rep gave me specific guidance about documenting willful misconduct for UC purposes that was really helpful for our situation.

To answer your latest question: In PA, 'willful misconduct' typically includes deliberate violation of employer rules/policies, deliberate disregard of standards of behavior an employer can rightfully expect, or disregard of the employee's duties and obligations. Simply not wanting to work weekends without a qualifying reason (after agreeing to open availability) could qualify if properly documented. However, even with documentation, UC decisions can be unpredictable. I recommend: 1) Create a written availability policy now, 2) Have all employees sign acknowledgment, 3) Require availability change requests in writing with justification, 4) Issue written warnings before termination.

why dont u just try to work with peoples schedules? i mean sometimes things happen and people have to change when they can work. my boss was understanding when i couldnt work nights anymore because of my college classes and we worked it out instead of him firing me

One final point worth considering: When implementing your new availability policy, I would recommend including a procedure for requesting accommodation for legitimate needs (education, childcare, health, etc.) while maintaining clear consequences for preference-based availability changes. This balanced approach demonstrates reasonableness on your part while establishing grounds for potential willful misconduct determinations. For UC purposes, showing you attempted reasonable accommodation before termination strengthens your position during any benefit eligibility hearings. Just ensure all employees receive and acknowledge the policy to prevent claims they were unaware of the requirements.

As a new business owner, I'm dealing with a similar situation right now! I have an employee who agreed to work weekends during the interview process but now says they can't work Saturdays because they "need personal time." It's so frustrating because I specifically asked about weekend availability before hiring them. Reading through all these responses is really helpful - I had no idea about the importance of written policies and documentation. Does anyone know if there's a template or example of a good availability policy I could use as a starting point? I want to make sure I cover all the bases before this becomes a bigger problem.

I've been lurking in this community for a while as a new small business owner and finally decided to jump in because this hits so close to home! I'm dealing with almost the exact same situation at my coffee shop. I hired three part-timers specifically for weekend morning rushes, made it crystal clear during interviews that Saturday/Sunday availability was non-negotiable, and now two of them are saying they can't work weekends anymore because of "lifestyle changes." It's incredibly frustrating because I'm scrambling to cover shifts that were supposed to be reliably staffed. After reading all these responses, I realize I made the same mistake many of us small business owners make - not having written policies in place from the start. I'm definitely going to implement a formal availability policy ASAP. One question though - for those who've been through UC hearings, do the representatives actually understand the challenges small businesses face, or do they tend to side with employees regardless of the circumstances? I'm worried about getting hit with UC claims when I eventually have to let these people go.