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GlitteringWing2112 t1_it3q849 wrote

Reply to comment by ProfessionalSilver52 in Unemployment form is forcing choice between "Voluntarily Quit" and "Leave of Absence" despite being fired? Won't this deny unemployment? by redditaccount624

Other way around. If you quit you can't collect. And it depends on what you were fired for.

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redditaccount624 OP t1_it3qq05 wrote

They were fired for unjust reasons (in my opinion). They were fired at will but initially it was for insubordination, but when they asked for an official email stating the reason for termination the employer switched to "terminated as an at will employee" because they were not insubordinate.

The reason for the firing:

They gave their two weeks notice due to mistreatment (half of which was paid vacation which was approved months in advance) and then the employer said they would not be approving the vacation because the company was short-staffed (despite already approving it). They were then expressing this frustration to their boss and how they were treated badly and that's why they were leaving in the first place. They then received a text back informing them of now being fired for insubordination.

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JJStray t1_it4buof wrote

Tell them to save the text for the hearing. Employer will say they quit. Friend will say fired.

There will be a “hearing” and the evidence your friend should need is the text saying they were fired.

The arbitrator will make a decision.

The employer did them a huge favor by sending the text.

It would be on your friend to prove he had to quit for a just cause and that isn’t as easy as people think…

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yeags86 t1_it4i13l wrote

If I you already made your intention of leaving clear, the employer can tell you to leave immediately. They would still need to pay for those two weeks though.

Honestly, it’s probably not worth pursuing for two weeks pay that’ll be eaten up by a lawyer that probably can’t do anything. Hopefully they have a new job lined up.

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Lostscribe007 t1_it4jdw2 wrote

That's going to be a fight. They can claim firing and go ahead and sign up for unemployment. Likely the company is going to dispute that and at that point the unemployment will continue until there is a hearing between the claimant and a rep from the company. Then someone at unemployment will make a determination and usually that ruling can also be disputed by either party. This goes on until the claimant gives up or wins the final ruling. Also note that if the claimant gets unemployment funds and then loses the final ruling or stops fighting they have to pay those funds back. You can set up a payment plan to pay it back and it doesn't accrue interest. Yes, all of this happened to me in my 20s.

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Dredly t1_it42kao wrote

They gave 2 weeks notice... they Quit.

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ScottEATF t1_it4ejee wrote

You can still collect unemployment if fired in your two weeks.

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Dredly t1_it4q6nv wrote

They can try but would absolutely get fought as they advised they were quitting. Then refused to show up when asked.

No idea why this person is trying to collect if they literally gave notice lol Like what were they doing in a 2 weeks?

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yeags86 t1_it4i92b wrote

Pretty sure the company has to pay those last two weeks if they choose to show you the door upon giving your notice.

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[deleted] t1_it3v14i wrote

[removed]

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ProfessionalSilver52 t1_it3qob9 wrote

The only thing it depends on is if you could have a lawsuit over something, you can't just assume that.

I never said you could collect for quitting either, I answered the question

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ScottEATF t1_it3u5u2 wrote

You still answered it wrong. You've said you can't collect if fired ("period"). This is incorrect

Being fired is what makes you eligible. Voluntarily quitting would disqualify you. The exception being if they were to make drastic changes to your job or hours basically forcing you to quit, this may qualify as "constructive dismissal" which is the same as being fired.

You only won't qualify if you are fired with cause. But with cause to an employer and with cause to unemployment are two different things.

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GlitteringWing2112 t1_it46i57 wrote

I’ve been in the HR field for over 20 years. Scott, you are correct.

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yeags86 t1_it4j5x2 wrote

Wouldn’t it only be for two weeks of unemployment though, since there was already a notice involved? Or wouldn’t the company just have to pay it?

Couple people quit one of the companies I’ve worked for and they are escorted out after submitting their resignation immediately (of course after being able to pack up personal items). They still got paid the two weeks and any vacation time built up. Reason for being escorted out was access to a wide range of company information that could be sold to a competitor, or they might be going to work for one.

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GlitteringWing2112 t1_it4rrh5 wrote

No - that really has no bearing on how much they get. If someone gives their notice & is asked to leave, companies aren’t obliged to pay for those 2 weeks, most do it because it’s the right thing to do. It really depends upon the companies policies.

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GlitteringWing2112 t1_it4spp1 wrote

You said:

“If you were fired you cannot collect. Period”.

I replied with that is not true - it depends on what you were fired for. If you were fired for incompetence, you can just say that you tried your best and just couldn’t work up to the company’s standards. Unemployment is usually approved in that instance.

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