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I was laid off for 'lack of work' earlier this week. About a day or so later I ended up accepting an employment offer from a large corporation. However, the issue is, I cannot start this job for six or more months due to going through an extensive background check process (aka security clearance). During this time I am not receiving any payment from the corporation.

The employment offer letter I accepted states: "We recommend that you not resign from current employment, if applicable, until the background verification is complete. Failure to satisfactorily complete or an unsatisfactory outcome on any of the contingencies may result in withdrawal of this employment offer."

Given that my employment with this company is contingent on passing a background verification that is going to last roughly six months, and my current job laid me off - am I eligible to file for unemployment benefits or not?

For reference I am located in Pennsylvania.

David Siegel
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zee
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2 Answers2

17

Yes

As far as unemployment is concerned, your "offer" is only a potential job, as it is not yet binding, and in any case for their purposes it does not count until you actually start paid work.

However, if you apply for unemployment you will be required to seek other appropriate work, probably a minimum of three contacts or applications per week. Should one of those offer employment, if you do not accept and do not have a good reason for refusing, you may lose your unemployment benefits. Of course, you could always accept such work and resign when and if you pass the background check, but that might look bad on your resume the next time you look for work, if that is any time soon.

David Siegel
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10

You are not currently employed

You have been laid off. Your new job will start in about 6 months if you complete that check. That is not unique but comparable to someone needing to undergo mandatory training first, and then employment is hinging on that training's final test. However, you are neither in training nor employed. You might, as a result, be eligible for unemployment benefits, if you otherwise qualify for them.

Qualifying for these benefits can come with obligations such as seriously trying to find work or taking serious work offers that span the gap of your unemployment.

Trish
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