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Collect unemployment if you quit?


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IhavenoFREAKINclue

This is probably a stupid question, but can you collect umempolyment of you quit?

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No, you cannot get unenjoyment if you quit or you are terminated for misconduct.

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IhavenoFREAKINclue
Originally posted by alphamale

No, you cannot get unenjoyment if you quit or you are terminated for misconduct.

\

 

Define misconduct.

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What if you were laid off and were told you have 2 months more to work and a month into it you give your 2 week notice (cuz you can't stand being there anymore)?

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up s***s creek without a pattle

 

It's 'paddle'. As in if you were on a creek in a boat with no paddles, you'd be stuck.

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It might work differently here where I am.....

 

Laid-off means shortage of work - and you can collect unemployment.

 

Resigning or being terminated means you cannot collect unemployment.

 

But there are ways around it - IF you have a kindhearted boss. A few months ago, one of my co-workers was fired for for lack of productivity (low sales), but my boss wrote it up as 'not suitable for the job' so the guy was able to collect unemployment insurance within 10 days.

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soccorsilly

I believe the laws differ from state to state. As a rule of thumb, if you are fired, you can collect unless it was for "cause" meaning a direct violation of company policy that says termination is the punishment, or theft or something like that.

 

Resigning in the middle of you phasing out period will not get you unemployment and I bet that is what your employer is looking for. I say stick it out, do the minimum, use any vacation or sick days you may have coming.

 

As another note, here in MD, I just discovered that churches (not sure about other non profits, but probaby) are not required to pay unemployment taxes like private companies. Hence, when you are terminated, there is no unemployment to collect. My ex wife resigned and got another job from which she was fired and when she went to collect unemployment, it was denied because her primary employer inthe past year was the church.

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I don't think if you voluntarily quit that you can draw unemployment. I got fired once and drew unemployment, because they considered it a 'wrongful doing' or some crap.

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If you are fired for not working, insubordination, just basically anything your employer can go to court and protest in my state. I've gone before and the person's claim was denied.

 

Some employers don't fight it but some do.

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In California, the eligibility rules say you must:

 

Have received enough wages during the base period to establish a claim

Be totally or partially unemployed

Be unemployed through no fault of his/her own

Be physically able to work

Be available for work which means to be ready and willing to immediately accept work

Be actively looking for work

Meet eligibility requirements each week benefits are claimed

 

Firing is OK and nor considered "your fault", as long as it is just ordinary firing for incompetence or failure to perform, as opposed to firing for gross misconduct - i.e. workplace assault, major theft, etc. Here are some fascinating examples of gross misconduct: http://www.edd.ca.gov/uibdg/umc310.htm

 

Some people collude with their supervisors to be "fired" when really they just want to quit.

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Generally, no, unless you have a grievance with your employer and are able to prove the work environment was toxic or your employer was breaking laws and you HAD to quit. For example, the job I had before this one was from the pit of hell. It was the worst job I've ever had. Several employees were owed back pay (like 8 weeks of back pay) but boss always got paid on time. If there wasn't enough money to go around, he would ask someone to go without so he could get paid.

 

When I got sick of that, I called the DOL and asked what my rights were. He assured me that these practices were against the law but would have to be proven and documented in order to get unemployment. I would also have to show that I tried to work with my employer on the issue first.

 

So I went to my boss with my concerns and he caught me up, but several people were still behind in pay. I was building my case against him when I got a call to interview for the job I have now and I took it and ran and never looked back.

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You guys give good info. I wish I had checked here first before I gave my notice to quit recently instead of sticking it out, I was too upset that they laid me off when another girl who was newer than me got promoted. I'm still angry about it but I should not have let my emotions make rash decisions to quit like that :(

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