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CosmicCruiser

PA UC eligibility with W2 commission job I haven't started - can I quit and still collect?

I'm in a really confusing unemployment situation in Pennsylvania and hoping someone can help! I was laid off from my full-time salaried position last week due to business slowdown. The thing is, just 3 days before getting laid off, I had accepted a different W2 job that's 100% commission-based (no base salary). I haven't actually started working at the commission job yet - still in training phase and haven't made a single sale. Here's my problem: I can't survive financially on this commission job since I might not see any actual income for months. I only accepted it thinking I'd transition gradually while still earning my regular salary. Can I just resign from this commission position and still qualify for PA unemployment based on my layoff from the salaried job? Will PA UC consider me employed even though I'm not earning anything? I'm seriously worried about paying bills and don't want to jeopardize my unemployment eligibility.

Your situation is tricky but not uncommon. Generally speaking, if you quit a job without good cause, you can be disqualified from receiving benefits. However, Pennsylvania does recognize 'necessitous and compelling reasons' for leaving employment, which can include significant changes in job conditions or compensation structure. Since you haven't actually started earning at the commission job and accepted it under different circumstances (planning to transition gradually), you may have a legitimate case. You should file for UC based on your layoff, and be completely honest about the commission position when you apply. The UC office will determine if you're eligible.

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CosmicCruiser

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Thank you for this explanation! When I file, should I list both employers? And if they ask why I'm leaving the commission job, what's the best way to explain it without getting disqualified?

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Sean Doyle

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i was in kinda the same boat last yr!! commission jobs DONT count as real employment for UC if u cant earn enough to live!!! quit that thing and file based on ur layoff u should be fine jsut dont mention the commission thing at all on ur application

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This is incorrect advice that could lead to fraud charges. PA UC requires you to report ALL employment. Deliberately omitting information on your application is considered misrepresentation and can result in penalties, including having to repay benefits with interest and possible disqualification from future benefits.

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Zara Rashid

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You ABSOLUTELY NEED to list ALL employment when filing!!! I made the mistake of not mentioning a part-time gig on my UC application and got hit with an overpayment notice for $5,460 plus penalties six months later!!! They will find out through quarterly wage reports. The system is totally broken but they don't mess around with what they consider "fraud" even if it was just a mistake!!!

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CosmicCruiser

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Oh that's scary! I definitely don't want to deal with overpayment issues. I'll make sure to list everything accurately.

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Luca Romano

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Your best approach is to apply for unemployment based on your layoff, but be transparent about the commission position. When explaining why you're leaving the commission job, focus on the fact that: 1. You accepted it under different circumstances (while still employed) 2. The commission-only structure doesn't provide sustainable income in the short-term 3. You're unable to meet basic living expenses in the interim period before commissions would materialize PA UC does recognize financial hardship as a legitimate reason to leave employment in some cases. Just be prepared that a UC examiner may need to interview you about the details.

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CosmicCruiser

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This is really helpful - thank you! I'll definitely explain it this way. Do you know how long it typically takes for them to make a decision in complicated cases like this?

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Nia Jackson

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why did you even accept the commission job if you knew it wouldn't pay enough??? sounds like you're trying to game the system tbh

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CosmicCruiser

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I accepted it thinking I would have time to build up my commission income WHILE still working my salaried job. I was planning a gradual transition over several months. Getting suddenly laid off changed everything - there's no way I could've predicted that.

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NebulaNova

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Been trying to get through to PA UC for 3 weeks about my own situation with taking a new job before getting laid off. Just found Claimyr and it actually worked! Got through to a PA UC rep in about 20 minutes when I'd been getting busy signals for days. They have a video showing how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 - definitely worth checking out if you need to talk to someone at unemployment about your specific situation. Their website is claimyr.com if you want to look into it.

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CosmicCruiser

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Thanks for sharing this! I've been worried about trying to explain my situation through just the online portal. Being able to actually talk to someone would be so much better. I'll check it out.

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Luca Romano

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To answer your timeline question - complicated cases that require adjudication can take 4-6 weeks for a determination. If your case gets flagged for review (which it likely will due to the multiple employer situation), you should continue filing your weekly claims while waiting for a decision. If approved, you'll receive back payments for those weeks.

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My nephew had 2 jobs when he got laid off from his main one and his case took 8 WEEKS to get resolved!! The system is backed up like crazy right now so i wouldnt count on a quick resolution. So frustrating!!

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CosmicCruiser

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Update: I decided to be completely transparent and filed my claim yesterday. I listed both employers and explained the situation exactly as it happened. I also resigned from the commission job and explained that I couldn't financially survive without immediate income. Now I'm just waiting for a determination. Thanks everyone for the advice!

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You made the right choice. Being transparent is always the best approach with UC. The fact that you were laid off from your primary job for lack of work is the most important factor in your favor. Good luck!

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Sean Doyle

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wait so did u end up quiting the commision job or what? can u update us on what happens w/ ur benefits?

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CosmicCruiser

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Yes, I resigned from the commission job. I'll definitely update once I hear about my claim status. The online portal shows it's under review right now, but no other details yet.

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NeonNebula

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Good luck with your claim! You definitely did the right thing by being completely honest about everything. I went through a similar situation last year where I had to explain a complicated employment situation to PA UC. The waiting period is nerve-wracking, but since you were legitimately laid off from your primary job due to lack of work, that's really the key factor they'll focus on. The commission job situation sounds like it falls under necessitous and compelling circumstances since you couldn't reasonably be expected to survive financially without any guaranteed income. Keep filing your weekly claims while you wait - even if there's a delay, you'll get backpay if approved. Fingers crossed you hear back soon!

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Thank you so much for the encouragement! It really helps to hear from someone who went through something similar. You're right about the waiting being nerve-wracking - I keep checking the portal every few hours even though I know it won't update that quickly. I'm definitely going to keep filing weekly claims as advised. Really appreciate everyone's support in this thread!

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Sergio Neal

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I'm in a somewhat similar situation right now - got laid off last month but had already accepted a part-time retail job that barely covers my expenses. The whole multiple employer thing definitely complicates the UC application process. From what I've learned, PA really does focus on your primary job loss when determining eligibility. Since you were legitimately laid off for lack of work from your main source of income, that should work in your favor. The commission job situation sounds like it clearly falls under financial hardship since there's no guaranteed income. I think you handled it perfectly by being completely transparent. The adjudication process is slow but at least you'll know you did everything by the book. Hope you get good news soon!

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