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Crazy HR Question
Old 11-20-2017, 01:59 PM   #1
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Crazy HR Question

DW has said this has happened where she works and she wishes to try it. people preparing for retirement give a six week notice . The catch is the company prior to six weeks decide to end the relationship and tell you that you can leave.
Now she says the catch is if you give six weeks and they ask you to leave before the six weeks are up you are eligible for unemployment .

Obviously once you say you are retiring companies want you out of the building . But is this valid ?
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Old 11-20-2017, 02:05 PM   #2
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Probably depends on state law, but I'd urge caution and talk to a lawyer familiar with the laws in that state before applying for unemployment benefits. It is quite possible that at best you'd have to pay it back and at worst you could be looking at a criminal conviction for fraud/theft and even jail time.
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Old 11-20-2017, 02:11 PM   #3
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Originally Posted by Walt34 View Post
Probably depends on state law...
I think in most states IF you were eligible for unemployment it would be only for the week or two difference in when you were let go and your tendered retirement/resignation date. Probably more trouble than it would be worth.
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Old 11-20-2017, 02:15 PM   #4
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You have to be actively looking for work to collect unemployment.

I know lots of people don't really look until unemployment runs out, but if she's really retiring this case is stretching it.

On the other hand, a policy that requires six weeks notice followed by an early termination sounds like an age discrimination suit to me. Why not just give 2 weeks notice?

IANAL
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Old 11-20-2017, 02:34 PM   #5
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The question is do they pay you for the 6 weeks or not?

I know that one place where I worked they would pay you to the exit date... but then again they usually needed you there and did not let you go early...
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Old 11-20-2017, 02:49 PM   #6
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It depends on the state. In California, if your employer terminates the relationship prior to the date of your voluntary resignation, then you can collect unemployment for that period. However, there's a 1-week waiting period and the maximum you can get is $450/wk and any severance you received is subtracted from that amount.
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Old 11-20-2017, 02:51 PM   #7
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[FUNNY STORY]
I am terminally stupid when it comes to things like unemployment, because I have never had any experience with it.

When I got my preparing-for-retirement package from HR, there was a paper in it urging me to apply for unemployment and giving me instructions on how to do that. Seriously! There was. My first thought was, "Whaa...?"

I asked why it was there?? and said I was pretty sure I couldn't qualify for unemployment since I was retiring, and what gives? Could I possibly qualify? HR told me that legally they could not answer that for me and that's why the paper was in there. But they also said that for some unknown reason they have to give that to everyone separating from the agency, for CYA reasons I suppose. Then confidentially the HR lady (who was my friend), shook her head no, and whispered that retirees didn't usually get unemployment, although legally they couldn't tell me anything more...
[/FUNNY STORY]

OK, I thought some of you might get a laugh out of this.
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