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Old 06-16-07, 04:15 PM   #1
OldBoy
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Can you collect unemployment if you don't get fired?

A friend of mine is leaving his finance (bank) job to go back to school and finish his masters and eventually teach.

His work knows about this and is making it hard on him, so he gave his notice, amicably and nice.

When he leaves and is not recieving any more compensation from them, can he file for unemployment insurance?
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Old 06-16-07, 04:21 PM   #2
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I am fairly certain the answer is no. If one of my former employees applys for and is granted unemployment, it actually increases the rate that I pay to the state. It wouldn't be fair to raise my company's insurance premium because he wanted to quit.

Plus, whenever someone quits and I file the paperwork, I'm asked "was the termination voluntary or forced." If I chose "forced" it asks I have reason to protest unemployment. That also makes me think that voluntary termination (quitting) makes you ineligible, because it doesn't ask me about protesting umemployment in that case.
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Old 06-16-07, 04:49 PM   #3
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Quote:
Originally Posted by matta
I am fairly certain the answer is no. If one of my former employees applys for and is granted unemployment, it actually increases the rate that I pay to the state. It wouldn't be fair to raise my company's insurance premium because he wanted to quit.

Plus, whenever someone quits and I file the paperwork, I'm asked "was the termination voluntary or forced." If I chose "forced" it asks I have reason to protest unemployment. That also makes me think that voluntary termination (quitting) makes you ineligible, because it doesn't ask me about protesting umemployment in that case.
So could the OPs friend go to like a McDonalds or something and interview for a cashier. He would be hired in a second based on his education background and then on Day 1, show up, tell the boss to f*ck off, and be fired all in the 1st 5 mins..The termination would then be forced.
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Old 06-16-07, 04:58 PM   #4
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Originally Posted by j123vt_99
So could the OPs friend go to like a McDonalds or something and interview for a cashier. He would be hired in a second based on his education background and then on Day 1, show up, tell the boss to f*ck off, and be fired all in the 1st 5 mins..The termination would then be forced.
McD's can protest the unemployment compensation for the reasons matta gave. The employer can protest for reasons such as disciplinary or the employee refused to work, etc. Or took a job and told them all to fuck off in the first five minutes.

I used to work for a company and a lady quit on her own (she took her stuff off her desk on Friday and didn't come back the next week, didn't call or anything). Anyway, she filed for unemployment, and my boss protested and won since she left voluntarily.
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Old 06-16-07, 05:01 PM   #5
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McD's can protest the unemployment compensation for the reasons matta gave. The employer can protest for reasons such as disciplinary or the employee refused to work, etc. Or took a job and told them all to fuck off in the first five minutes.

I used to work for a company and a lady quit on her own (she took her stuff off her desk on Friday and didn't come back the next week, didn't call or anything). Anyway, she filed for unemployment, and my boss protested and won since she left voluntarily.

Interesting. Now let's say the OPs friend left his job on great terms. Everyone there loved him, but understood he wanted to go back to school. Could they hook him up and say his termination was forced so he could collect unemployment?
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Old 06-16-07, 05:07 PM   #6
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If fired "for cause," (the McD example) no unemployment, at least for some causes.

It is basically for layoffs, reduction in force, even small ones ("we just didn't have enough work to need him"). In between, the rules may vary a little state by state.
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Old 06-16-07, 05:08 PM   #7
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Originally Posted by Lee Harvey Oswald
McD's can protest the unemployment compensation for the reasons matta gave.
In may vary in your state, but in mine, that's exactly what would happen. I once fired an employee (and had him arrested) for stealing over $2,000 in cash from his company card. He tried to file for unemployment. Since I checked that I would protest unemployment, I received a letter from the state asking the reason, I replied with proof, and never heard from them again (my rate didn't go up, so I assume he lost).

In short, you only get unemployment if you're fired for some reason beyond your control. That's also why companies start watching an employee very closely when they're about to fire that person. If they can fire that employee because he showed up late 3 days in a row and violated company policy, they have a better position to protest unemployment than if they claimed "poor performance" or "he smells really, really bad."
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Old 06-16-07, 05:09 PM   #8
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Originally Posted by j123vt_99
Interesting. Now let's say the OPs friend left his job on great terms. Everyone there loved him, but understood he wanted to go back to school. Could they hook him up and say his termination was forced so he could collect unemployment?
Yes. His boss could "downsize" his job on his last day. I'm not sure if the state would be very happy, but technically they could do it.

Edit: the way it works in my state, he could be straight-up quit and still receive unemployment if he applied, as long as his former employer doesn't protest. If I was a day late getting that paperwork to the state on that guy that store $2,000 from me, he would have received unemployment.

Last edited by matta; 06-16-07 at 05:13 PM.
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Old 06-16-07, 05:11 PM   #9
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No, because there was an act that the employer can point to as a reason for termination, and directly related to an action by the idiot employee.

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Old 06-16-07, 05:20 PM   #10
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My former boss quit her job and eventually got unemployment, but it was an unusual case. She was able to prove she was working in a hostile environment and was "forced" out, even though she quit. Her boss made her life a living hell in an effort to force her out, and my boss was able to prove that. She did have to get a lawyer and go through a hearing process with the state, though.
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Old 06-16-07, 05:37 PM   #11
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I received unemployment after getting out of the army, even though that was voluntary in that I chose not to reenlist.
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Old 06-16-07, 05:46 PM   #12
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My former boss quit her job and eventually got unemployment, but it was an unusual case. She was able to prove she was working in a hostile environment and was "forced" out, even though she quit. Her boss made her life a living hell in an effort to force her out, and my boss was able to prove that. She did have to get a lawyer and go through a hearing process with the state, though.
Yes, there are cases where a person can quit and still get unemployment. They may have to fight for it though.
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Old 06-16-07, 05:52 PM   #13
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Yes, there are cases where a person can quit and still get unemployment. They may have to fight for it though.
Does it involved boxing, with each person putting up $500-$1000?

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Old 06-16-07, 06:09 PM   #14
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Quote:
Originally Posted by j123vt_99
So could the OPs friend go to like a McDonalds or something and interview for a cashier. He would be hired in a second based on his education background and then on Day 1, show up, tell the boss to f*ck off, and be fired all in the 1st 5 mins..The termination would then be forced.
most states you need to work for at least 6 months at a job to qualify for unemployment
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Old 06-16-07, 06:12 PM   #15
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Originally Posted by Lee Harvey Oswald
Yes, there are cases where a person can quit and still get unemployment. They may have to fight for it though.
I had quit my last job to move to Texas and caring for my dying mother (who had ALS). At first I was turned down for it (thanks to some moron at Unemployment who had done the phone interview and contradicted everything I had said!). But I filed for an appeal, did everything over the phone with the judge and she granted me unemployment!

About two weeks after the verdict, I got a whole pile of checks in the mail - since Unemployment held on to my claim forms (that I had to keep filing) while I waited for the appeal. It took two months - but I won! I used up my whole six-months of the claim and my Mom (ironically) passed away after the last check came in.

But I've been working at a new job out here in Texas (that I got in 2 weeks!) so no worries.

But, you CAN get Unemployment if you quit your job - it just depends on the circumstances. I'm an example of it!
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Old 06-16-07, 06:17 PM   #16
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I had quit my last job to move to Texas and caring for my dying mother (who had ALS). At first I was turned down for it (thanks to some moron at Unemployment who had done the phone interview and contradicted everything I had said!). But I filed for an appeal, did everything over the phone with the judge and she granted me unemployment!

About two weeks after the verdict, I got a whole pile of checks in the mail - since Unemployment held on to my claim forms (that I had to keep filing) while I waited for the appeal. It took two months - but I won! I used up my whole six-months of the claim and my Mom (ironically) passed away after the last check came in.

But I've been working at a new job out here in Texas (that I got in 2 weeks!) so no worries.

But, you CAN get Unemployment if you quit your job - it just depends on the circumstances. I'm an example of it!
You sound WAY too excited for someone who 1) was unemployed for 6.5 months, 2) had his mother die, and 3) has to live in Texas.
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Old 06-16-07, 06:19 PM   #17
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I was just let go the other day and the reason given was that "it wasn't working out like they thought." Now, I filed for unemployment and it seems they are protesting. Does it look like I will prevail?
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Old 06-16-07, 06:32 PM   #18
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I was just let go the other day and the reason given was that "it wasn't working out like they thought." Now, I filed for unemployment and it seems they are protesting. Does it look like I will prevail?
My Magic 8-Ball says.......how the fuck should I know?!

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Old 06-16-07, 06:57 PM   #19
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But I've been working at a new job out here in Texas (that I got in 2 weeks!) so no worries.
If you got a new job two weeks after moving to Texas, then you were only entitled to two weeks of unemployment (plus whatever time it took you to move). If you kept filing for and collecting checks after you gained employment, then I suspect the paying state would consider that to be fraud.
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Old 06-16-07, 07:26 PM   #20
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In wisconsin one of the questions they ask you when you apply for unemployment is if you are going to school and able to work full time.

If he lies then he can be found guilty of perjury.
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Old 06-16-07, 07:44 PM   #21
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In wisconsin one of the questions they ask you when you apply for unemployment is if you are going to school and able to work full time.

They asked me that too. It seemed contradictory of them though. I had worked full time and was going to school part time (my last semester) when I lost my job. This was Oct and I graduated in Dec. I always worked full time for the 5+ years I was enrolled in college. I got turned down the first time for unemployment because they freaked out b/c I had a class scheduled for 2:00 in the afternoon and they thought that would prevent me from getting a full time job. They asked me if I was willing to drop my class if it meant getting a full time job. I told them yes, although I probably wouldn't have done it since I had less than two months to graduation and I didn't want to postpone that until May. I figured any company that I would want to work for would make arrangements for the last two months so I could finish up school and still work full time. So, unemployment wanted me to go to school to improve my chances of getting employment, but they didn't want it to interfere with finding a full time job. They could not have cared less that it was my last semester and basically told me if it came down to a new full time job or dropping out of the semester...I would have to drop out. Which there is no way unemployment compensation would ever cover the money I paid for school or the gas or the time I put in, etc. Ok, I rambling now.

So, I guess if I had to answer the OP's original question based on that, I would have to say "no".

And, in all honesty, I don't think your friend should received unemployment for that. That's not what it should be for.

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Old 06-16-07, 07:58 PM   #22
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Originally Posted by TeamAnS
I was just let go the other day and the reason given was that "it wasn't working out like they thought." Now, I filed for unemployment and it seems they are protesting. Does it look like I will prevail?
if they have a paper trail saying you were late, a loser, etc than maybe no. if they let you go out of the blue because it's an employment at will state than you will probably get the checks
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Old 06-16-07, 08:26 PM   #23
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In wisconsin one of the questions they ask you when you apply for unemployment is if you are going to school and able to work full time.

I am from Wisconsin and they never asked me that when I called last week. I have a phone interview on Monday about my previous employer disputing it. The paperwork that they sent me also stated that I did not needto lookfor employment at this time.
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Old 06-16-07, 08:28 PM   #24
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if they have a paper trail saying you were late, a loser, etc than maybe no. if they let you go out of the blue because it's an employment at will state than you will probably get the checks

I was salary so I could basically come in when I wanted as long as I was there 9 hours. Also, for the last few weeks,they never said anything about my work be it bad or good. If they have some sort of paperwork, wouldn't it need to be at least shown to me at some point?
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Old 06-16-07, 08:39 PM   #25
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now, i used to work at Best Buy some time ago and i left on my own due to mitigating circumstances that made it impossible for me to work in what was my current position. they offered me a different position but it was menial and i think purposefully so. so i quit on pretty good terms.

i applied for unemployment and got it without a problem. never heard of any protests and it took one pretty simple phone call. that is why i am telling my friend he shouldn't worry. he will be going to school in another state that will prevent him from working during the day and plans on teaching by sept. so we are talking maybe 2 mos out of work.

doesn't he have a good shot then?
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