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Unemployment benefits?
Old 05-23-2014, 06:13 PM   #1
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Unemployment benefits?

DS recently left his job as a nursing assistant. He somewhat liked the work and the residents he worked with but over time disliked his nursing supervisors and their management.

They rehired a former employee who had previously worked his job on Wing A and moved DS to Wing B over his objections (same shift though). Since he had been mulling quitting anyway, he decided to give his notice and gave them 3 weeks notice (they get paid bi-monthly IIRC).

About a week after he gave his three week notice, his employer called him and told him not to come in anymore.

I know there are some folks on this forum with much more experience in HR than I have. From an unemployment perspective, did he quit or was he fired since they told him not to come in anymore before his resignation date?
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Old 05-23-2014, 06:22 PM   #2
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Unemployment laws/regulations vary by state. I'd suggest he apply, but be careful to be truthful about the sequence of events.

The worst they can do is say "no".
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Old 05-23-2014, 06:27 PM   #3
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Did they pay him up to and including his resignation date? That's a question for starters. If not, then maybe they let him go on their terms.
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Old 05-23-2014, 07:43 PM   #4
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Did they pay him up to and including his resignation date? That's a question for starters. If not, then maybe they let him go on their terms.
No, they only paid him for the time he worked until they told him not to come in anymore.

It seems to me there is an argument that could be made that they fired him since they told him not to come in before his last day of work.
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Old 05-23-2014, 08:06 PM   #5
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Yes, it appears as so, unless he agreed to the early termination date and agreed to forgo the chance to work until the end date for wages. I would have him file for unemployment benefits and see what happens. Chances are the company will say he left on his own, but he clearly did not get to that point, Any of this in writing?
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Old 05-23-2014, 08:14 PM   #6
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Definitely apply for benefits. I walked out on my last job. Two days later I got a certified letter saying I was fired. I just ignored it since I had already quit a couple days earlier. Since I quit I didn't think I was eligible for unemployment so I didn't even apply. Six months later with no job prospects someone said I should apply just to see what they said. I applied and ended up getting 6 months of benefits.
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Old 05-23-2014, 09:44 PM   #7
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Old 05-23-2014, 10:41 PM   #8
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+1 Definitely apply.

I applied and got unemployment somewhat unexpectedly (given their stated reasons for termination). They initially contested my eligibility, but after firing my supervisor, they didn't have anyone to testify at the UI hearing, so they dropped the appeal (= I won). I went over my case with my friend the employment lawyer and she said it was more likely than not that I would lose the case if my boss was still able to testify.

Just be honest when you talk to the UI people. Nobody needs to do jail time over small time UI compensation.
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Old 05-24-2014, 08:52 AM   #9
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State rules may vary, but my understanding is he would have had no claim if they allowed him to quit - which would be the same if they had paid him until his given end date even if they walked him out the door immediately. But by firing him when he was still working there, he has a legitimate unemployment claim. Clearly someone in HR has made a mistake and this should count against the company who may see higher unemployment insurance as a result.
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Old 05-24-2014, 10:41 AM   #10
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State rules may vary, but my understanding is he would have had no claim if they allowed him to quit - which would be the same if they had paid him until his given end date even if they walked him out the door immediately. But by firing him when he was still working there, he has a legitimate unemployment claim. Clearly someone in HR has made a mistake and this should count against the company who may see higher unemployment insurance as a result.
Laws vary by state, but usually as I understand it, if you give notice and they pay you for all the time up until your specified "quitting date" but told you not to come in any more, then you voluntarily resigned and would not be generally eligible for UI. But if they "fire" you on the spot and don't pay you anything, that is an involuntary termination and would possibly make you eligible for UI assuming the firing was not "for cause".
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Old 05-24-2014, 10:54 AM   #11
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That's along the lines of what i was thinking as well.
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