How to quit your job in Pennsylvania or New Jersey – The Philadelphia Inquirer
Want to quit your job? Yeah, you’re not alone.
Currently, the U.S. is in a stage dubbed, “The Great Resignation.” In January, more than 4 million Americans quit their jobs — almost a million more people than who quit than a year earlier — and the number of quitters has stayed consistently above historical averages.
From a global pandemic that caused employers to drastically restructure how work is done and added mental health pressure on everyone, and many workers being simply fed up with working conditions, there are many in the U.S. trying to figure out the best way to leave their jobs. And that’s understandable.
But if you want to quit, what do you need to know? If you’re changing jobs or just leaving your current one, this is what to keep in mind when quitting in Philadelphia or Pennsylvania to have a smooth transition.
Tip: Put it in writing
Make sure you document your interactions with your employer, throughout the entire quitting process. Informal and undocumented discussions can lead to confusion or issues down the line. Discuss work-related issues — especially quitting your job in writing — on paper, in email, or by text message. If you’re using a company email or messaging system (like Slack), send a copy of everything to your personal email because your employer can take away your access to company systems after you quit.
There aren’t laws on the books specifically about quitting your job, however, there are local, state (in PA and NJ) and federal laws that protect you when you are quitting, like laws against wage theft and benefits like unemployment compensation.
And there are best practices and legal ramifications you should keep in mind.
You do not have to give notice to your employer when you quit, unless you signed an employment contract, are a member of a union, or your employee manual explicitly states that you must give prior notice.
Most states in the U.S., including Pennsylvania and New Jersey, are “at-will” employment states. This means that you can quit at any time unless your employment contract says otherwise. (Your employer can also fire you for any reason or no reason at all, at any time.)
Make sure you put your resignation in writing. You can also tell your boss in-person or face-to-face, but you don’t have to. But make sure there is a document that outlines your resignation, if needed.
It’s pretty standard to give your employer at least two weeks notice when you quit. However, if you want to leave on the best , you can give your boss even more notice to give them time to find a replacement.
There are other reasons why giving some notice can be a good idea, according to Sharon Dietrich, managing attorney of Community Legal Services’ employment unit. “There could be a lot of things impacted if you don’t give notice,” she said. “If you’re one of the rare people who has an employment contract with your employer that may require written notice, you could run into problems with your unemployment benefits.
“ Generally, best practice would be to give notice,” Dietrich said.
You should get your final paycheck on the next scheduled payday after you quit, according to PA and NJ state law — unless your employment contract explicitly states when you will get your final paycheck. Ask your employer when you will receive your final paycheck during or after you quit.
If your employer doesn’t pay you, that’s called wage theft and you can report it.
A severance package is pay or benefits you get after your job ends with a company. Some severance packages include continued health care benefits for a limited time, positive references for future employment opportunities, or an agreement that your employer will not challenge your application for unemployment benefits. Companies that offer severance packages usually outline the policy in the employee handbook or your employment contract.
Severance pay is rarely given when you quit. It’s usually given to employees who are laid off or furloughed.
When you quit your job, you’re also quitting the company health plan.
If you already have a new job with health benefits, then you don’t need to worry too much. However, if you aren’t starting a new job immediately, you may be uninsured for a period of time.
To stay insured, you have a few options:
Talk to your employer about continuing your health insurance coverage for a limited time.
Find new health insurance on your own.
Continue your coverage through COBRA.
If you’re expecting to be uninsured for a period of time, your first step should be to look for coverage on your state’s official health and dental marketplace. State-based healthcare marketplaces are a way to find affordable health insurance.
Your state’s health insurance marketplace may also have subsidies and other financial assistance.
To start a new health insurance plan, you usually need to apply during “open enrollment periods”. But, if you quit or are fired, you qualify for a “special enrollment period.” You have 60 days from the time you leave your job to qualify for a special enrollment period and get new insurance.
To apply through your state’s health insurance marketplace:
You may also be eligible for free or low-cost coverage from Medicaid or the Children’s Health Insurance Program (CHIP). Check if you’re eligible and apply here:
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a law that allows you to continue receiving the same health insurance coverage (for a limited period of time) after you quit, get laid off, or reduced your work hours.
You’re eligible for COBRA if you worked for a private company or state or local government employer with 20 or more employees and were on the company healthcare plan. (If you were a federal employee, you do not qualify, you qualify for Temporary Continuation of Coverage, which is similar to COBRA.) If you were fired for gross misconduct or you’re covered by another plan elsewhere, you do not qualify for COBRA.
According to Dietrich, many people look to COBRA to continue their health insurance coverage because they receive notices or have heard of it before, however, it’s often the worst option.
“In reality, for most people, COBRA is not a viable option — nor the best option — because the cost is so immensely high,” said Dietrich. “A potentially cheaper option is to get health insurance through the state marketplace because there’s a good chance you’ll get a subsidy, and it will be cheaper, and sometimes even insurance is better.”
COBRA is a safety net, not a permanent solution. You only get to continue your same health insurance coverage for 18 months, however extensions are possible.
And your monthly health insurance costs will significantly increase. The COBRA program essentially allows you to keep your existing healthcare coverage and costs at “group rates,” which can be cheaper than individual health insurance. However, since your employer no longer contributes to your health insurance coverage after you left the job, you have to pay your costs and your employer’s cost. There’s also a 2% administration fee.
To enroll in COBRA:
Your employer has 14-44 days — depending on the circumstance — from when you quit, to notify you about enrolling in a COBRA health plan. This will include instructions on how to contact and apply for COBRA health insurance.
You have 60 days to enroll in COBRA once you receive this notice, if you decide you want coverage.
Need help with health insurance?
The Pennsylvania Health Law Project can help if you’re not sure what health insurance programs you qualify for or need legal aid to deal with healthcare-related issues. To get started, call 1-800-274-3258, Mondays and Wednesdays from 8 a.m. to 8 p.m., or email staff@phlp.org.
If you don’t have a job lined up after you quit, you may be a little strapped for cash.
Unemployment compensation is available if you who don’t have a job, but are looking for one. If you are eligible, you can receive money for a limited period of time to help cover your expenses while you look for a new job.
You can get unemployment after you quit. But to qualify, you have to be able to prove to the Department of Labor that you needed to quit, according to Dietrich. Unemployment is for people who lost their job through no fault of their own, and quitting can be seen as a voluntary decision, so you have to prove that you quit your job with “good cause.”
“There’s a fairly limited list of reasons why you can quit and get unemployment benefits,” said Dietrich. “The law actually requires you to discuss these issues with your employer before you quit, so that your employer has an opportunity if they can, to rectify the situation to allow you to keep working. If you do not communicate with your employer, that will be a basis for your unemployment to be denied.”
Talk to your employer about workplace issues before quitting. Also, make sure to document these conversations and anything else that can to help you prove your unemployment claim.
To prove you quit your job with good cause in Pennsylvania, you must have quit your job for one of the following reasons:
Health reasons. If you quit for health reasons, you need to have told your employer, and see if they will accommodate you. If the employer won’t make accommodations or the support isn’t adequate, you should be eligible for unemployment benefits if you quit.
Transportation problems. Before you quitting for this reason, you must be able to prove that the lack of transportation isn’t your fault and that you tried to find alternative means of transportation. You must also show that you are willing and able to work at a job closer to your home.
Spouse following spouse. You can quit your job if your spouse needs to relocate, whether it’s for a new job, attending school or taking care of long-distance loved one, but you need to prove that this change was beyond your spouse’s control. You also have to prove that the relocation created financial struggles or that it’s economically impossible to maintain two residences.
Attending school. There’s very limited eligibility for unemployment compensation under this cause. But you can quit to go to school or get training as long as it qualifies under the federal Trade Readjustment Act (TRA). The TRA is designed for people whose employers have been impacted by foreign trade to compensation, job training and other benefits. If you are quitting your job to attend a full-time college or university, you won’t qualify for unemployment.
Personal reasons. Before quitting for personal reasons you have to prove that you quit because of circumstances that left you with no reasonable alternative and that you attempted to maintain the employer/employee relationship. You must also show that you are willing and available for suitable work.
Unsuitable work. You have to prove that there were changes to your job, responsibilities, or workplace that you didn’t agree to when you were hired or that your employer deceived you about the job when they hired you. PA’s Department of Labor will also consider: changes to your health, safety and morals, physical fitness, and distance to work from your home. They also consider the local labor market and how much you can expect to make in your trade or occupation.
Job’s monetary expectations are not met. Before you quit for this reason, you have to prove that the wages or expenses of your job don’t match what you expected when you were hired. For example: If you are hired to sell knives for $50,000 per year, but in the first month of work you realize you can’t make any sales and the personal expenses are more than your income, you should be eligible for unemployment benefits.
To apply:
Online: Visit benefits.uc.pa.gov. Create an account and fill out an initial unemployment claim.
By phone: Call 1-888-313-7284, the toll-free statewide unemployment compensation number.
Videophone service for American Sign Language: Call 717-704-8474 on Wednesdays from 12 p.m. to 4 p.m.
PA’s Department of Labor provides additional video resources on how to apply for unemployment at tinyurl.com/PAUnemploymentVideos.
Need help getting unemployment?
These groups can help if you need unemployment compensation but can’t get it, whether your application was denied or your former employer is contesting your claim.
