Can You Get Unemployment If You Quit?
Check Your State
Every state is different. Find out how it works in your state:
In order to receive unemployment you have to be unemployed through no fault of your own. If you quit your job you are voluntarily unemployed, and thus it is your own fault that you are unemployed, and therefore you are ineligible to receive unemployment benefits.
There are, however, situations in which you may be found eligible for unemployment even when you quit your job. These situations are rare, and the decision whether you can collect unemployment may be somewhat arbitrary - and often only decided by making an appeal, and having a a special appeal hearing.
What are the situations where you MIGHT still be able to get unemployment if you quit your job?
- You might still be able to get unemployment if you quit your job because of a hostile working environment.
- You might still be able to get unemployment if you quit your job because your job reduces your hours and/or your pay significantly.
- You might still be able to get unemployment if you quit your job because of medical conditions or disability.
- You might still be able to get unemployment if you quit your job because you were promised a better job, and you subsequently did not get that other job -- this one is a real longshot.
- You might still be able to get unemployment if you quit your job because you quit your job to relocate and were unable to find a new job -- this one is a real longshot.
You Will Get Denied If You Quit Your Job
Every state is different, and each situation will be handled on a case-by-case basis. If you apply for unemployment after you just quit your job, you will almost certainly have your application denied.
File an Appeal If You Are Denied Because You Quit Your Job
After your claim is denied, you will have to file an unemployment appeal. If you have to file an appeal - this means that you employer is challenging your right to collect unemployment because you quit your job, and you will have to have a special unemployment appeal hearing. Making an unemployment eligibility appeal can be a slow, complicated process. It could take weeks or months for your appeal to be processed, and it could take weeks or months to get an actual eligibility hearing.
Apply In Person If You Quit Your Job
When you have quit your job and then apply for unemployment it is recommended that you apply for unemployment in person at your local unemployment office so that you can explain your situation fully to the unemployment counselor. When you file online or by phone it will be much more difficult -- the online system doesn't have a place for you to explain why you quit your job.
What are the situations where you WILL NOT be able to get unemployment if you quit your job?
- You will not be able to get unemployment if you quit your job because you don't like your job anymore.
- You will not be able to get unemployment if you quit your job because you don't like your boss.
- You will not be able to get unemployment if you quit your job because your work hours aren't convenient.
- You will not be able to get unemployment if you quit your job because you didn't get that raise you were expecting.
- You will not be able to get unemployment if you quit your job because you decide you want more money.
How To Quit Your Job The Right Way
If you are unhappy at your job, or need to make more money, or don't like your boss - don't quit your job -- Look For A New Job. These are all good reasons to want to quit your job, just make sure that you have found a new job before you quit your current job. It is much easier to find a job, when you already have a job. Also, it has been reported that many employers are not even considering job candidates that are currently unemployed.
If you can't find a new job before you quit your current job -- stick it out if at all possible! In most cases, if you quit your job you will not be able to collect unemployment benefits.
Can I Collect Unemployment If I Get Laid-Off?
Can I Collect Unemployment If I Get Fired?
Can I Collect Unemployment If I Quit?
Check Your State
Every state is different. Find out how it works in your state: State Unemployment Directory
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Comments
Thank you
Unfortunately I don't think this would be considered a hostile work environment - for the purposes of establishing eligibility for unemployment - even though she is making your work-life very difficult - and has essentially created a hostile work environment for you.
You are doing the right thing -- you keep on doing a good job, and also are keeping a log of your bosses treatment of you.
I would strongly advise you against quitting, in case you are considering that. Please read this forum thread, as it relates to a hostile work environment:
unemploymenthandbook.com/forum/showthread.php?t=1708
Do you have a HR department at your company? You should go to them and tell them your concerns. If it a small company, with no HR staff - getting your grievances heard is going to be more difficult.
Good luck - let us know how it goes.
Site Admin
My friend went to HR and he was given the lip service. HR heard him out but that is as far as it went.
9 out of 10 times, it is hard for anyone to survive in such situation and the person who is at the receiving end is the one loosing out.
That's a tough one. I'll check on it and get back to you.
Site Admin
what was the answer for us
You should file an appeal, and be sure to include all of your FMLA documentation in your appeals case.
You may be in bit of a tough spot here, considering your resigned. You may want to consult an employment and labor attorney to see if you have a case. Most employment and labor lawyers will give you a free initial consultation and will let you know if you have grounds for a lawsuit - many will even take your case on a contingency basis, meaning you won't have to pay for their services out of your pocket.
Regardless, you should speak to 2 to 3 different employment and labor lawyers - for more than one opinion. Where one attorney may not thing you've got a case, others may be smart and bold enough to take them on.
Good luck - let us know how it goes.
Site Admin
I hope this helps.
Contrary to popular belief it is not up to your employer to grant or deny your benefits, it is your claim yes they paid the FUTA but it is your claim, it is up to the policy's & laws for the state by the Department of Labor & Industry that legislators have passed per the people have spoken (employers & employees alike). You can try...If an employer fires you they must prove "willful misconduct" by you, i.e. you tried to hurt the company's interest by willfully being absent, tardy, performance, damage to property or equipment, lss of license, failing or refusing a drug/alcohol test, co. rule violation, etc. A voluntary quit by an employee is based on you proving a nescitous compelling reason for the voluntary quit.
I hope this helps a little.
On the matter of the sexual harassment you experienced on the job, my best advice to you is to contact a labor and employment attorney. Sexual harassment is illegal; and I am not qualified to dispense legal advice. I would suggest that you take the time to immediately sit down and write down all of the information you can think of: names, situations, times & dates - try to put as much information about the incidences of harassment as possible - while it is still fresh in your mind.
As far as unemployment goes - you may be eligible. Some states are very strict on disallowing unemployment to people who quit their jobs, while other states are more understanding for certain situations, and allow you to be eligible for unemployment when you quit - in cases of hostile work environment and other situations.
You should apply for unemployment if you need the assistance. I would suggest that you apply in person so that you can explain your situation to the unemployment counselor because most online application sites don't have a check-box for 'Quit due to sexual harassment'. Please don't think I'm making-light of your situation by saying this. Quite the contrary; I know your situation is very serious and effects many people - and I want to make sure that have the best chance of getting your unemployment application approved.
Good luck. Please keep us updated and let us know what happens.
Site Admin
Your story is another testament to the fact that it is bad all over - and in very different ways - for different people. I know you're in a bad situation, because I have been there before myself.
What kind of work do you do? Is it factory-type production, machining, piece-work, or other such production work?
As tough as it is - my advice to you is don't quit your job. If at all possible, you should start looking for a new job when you're not working. I know it will be tough when you're working, job-hunting, and taking care of your family - but it will be a lot tougher going without a job or any income.
It is always easier to find a job, when you have a job.
Have the increased work loads created an unsafe working environment for you and your remaining coworkers? If so, you are doing the right thing in documenting the situation. You should continue to raise your concerns with your manager, the HR department, and perhaps the OSHA - Occupational Safety and Health Administration. Here is their website that outline worker's rights: www.osha.gov/workers.html
Here are instructions on how to file a complaint about an unsafe work environment, or other such OSHA violation: www.osha.gov/as/opa/worker/complain.html
Are you represented by a union? If so you should talk to your union representative about your working conditions - and any risk they might pose to your health.
You need to continue doing your work to the best of your ability - and at a level that doesn't jeopardize your health or well-being. I know this is easier said than done, but you need to understand that you can only do what you can do - and if you push yourself past a limit because your employer pushed you; or because you pushed yourself out of fear of losing your job -- you are not helping anyone.
You can only do what you can do. You're a hard worker; but it sounds like the situation at your job, with the company - is getting worse. I don't want to alarm you, but some companies lay off employees slowly until they go totally out of business - and then everyone gets let go. It sounds like your job situation with regards to the amount of work you're given is only getting worse - but you've got to remember that you can only do what you can do, and remember that IF the company is going to go under, or IF you might get laid off next - no matter how hard you push yourself, you won't be able to stop that from happening. What I'm saying is that you could push yourself to death - and still end up getting laid-off. Keep working as hard as you can, but don't kill yourself doing it.
You need to:
1. Keep documenting your working environment and increased workload, as well as any safety or health violations.
2. Keep talking to your supervisors about the conditions, but whatever you do - DO NOT let them know that you are considering making a report to OSHA. Even though it is illegal, some employers have been known to fire someone for talking about reporting things to OSHA.
3. Look into filing a report with OSHA about your work conditions - if they warrant it.
4. Begin looking for a new job on off-work hours, whenever possible.
5. Reduce your household expenditures to the bare minimum & make sure you have some money saved on reserve in case you get laid-off. Cut out all non-essential expenses and save that money (and don't use it to pay off credit cards faster - just save it).
6. Remember that you can only do what you can do -- and you're doing it.
7. Don't push yourself too hard to keep up with 5 people's jobs and workload - you just can't do it. Don't push yourself over the edge.
8. Know that there are people out there, everywhere, that are in the same situation as you are - and know that each one of them, and so many other people like your family, your friends, and lot's of people out there that you don't even know - like me - are thinking about you, praying for you, and pulling for you!
9. Don't quit your job until you have a new job.
Good luck Jacki - please check back in with us and let us know how you're doing, have a new job, etc.
Site Admin
I appreciate your advice. Thanks.
The company contested my unemployment claim and the state has denied my unemployment claim. I have an appeal coming up. Do I have a case? I do not want to risk injury to myself or anyone else because I do not have the ability to safely operate the vehicle. My co-driver remembers the incident described above and is willing to testify.
I have everything documented. He even moved my Inbox from my desk to the other side of the room by his desk just to upset me. He also made me clock in and out when I came and left and took lunch and breaks; I am a salary exempt employee.
Now, my boss and his side-kick are setting me up to get me fired for not being able to do part of my job correctly. Heck, he changes it every time I am "tested" on it. And Yes!! He even grades it!!! I'm in graduate school and he treats me as if I'm in second grade.
All of this started when I had a girl report to me who he has a thing for. He hired me as her boss. All I did was ask her to turn on her spell check on her email because she sent out an email to numerous people that was just garble. It was as if her hands were off a key and she didn't even form words. She ran to him and complained. He has NEVER asked for and refuses to listen to my side of any accusations.
I am at my wits end!! This company (a major high-end retailer) is notorious for refusing to pay unemployment. Would I have a better shot at getting unemployment if I quit for a hostile work environment (which I have brought up to HR numerous times and even went above HR to try to go to Arbitration) or if I get fired for not being able to "perform my job to company standards"? I'm in a no-win situation.
Thank you.
Regards,
so to make long story short im thinking of steping down from mamanger position but im afraid that will get denied do either do the manager job or quit.
so if steping down get denied and i had to quit, will i be untitle for unemployement?
i would really apreciate your response
Thank you!
I use to have a credit card to cover fuel expenses and minor car repairs- such as oil changes because i use my own car, however they have taken the card away and now expect me to pay for everything out of pocket and get reimbursed every week- which is hard on a limited budget.
We are told there are the new policies and we need to get over it and get it done.
Even though these might seem simple if added up they put an enormous burden on myself and have added and extreme emotional burden on my family as well
Sounds like you are between a rock and a hard place. This is yet another reminder that it is tough all around - even for folks that still have jobs.
I know this taking its toll on you, but my advice is to NOT quit your job.
Even if you have a good reason, which varies from state to state - it is often up to the whims and vagaries of the case officer and the appeal board as to whether you'll get unemployment when you quit or get fired. It is pretty cut and dried when you get laid off, but it gets complicated when you quit or get fired.
Here's what I suggest you do:
1. Don't quit your job.
2. Keep doing your job to the best of your ability, while making sure to take care of your health, sanity, and family relations. You can only do what you can do. If you fall asleep while on call for the 10th day in a row, what can they expect? If you're unable to complete the work of several people, who have quit - what do they expect? You're only one person.
3. Make a formal complaint to the HR Department and/or your boss - in writing. Write a formal, typed, hand-signed letter that describes your grievances: a. Job description has changed. b. Work load too high because everyone quit. c. Car expense situation has changed and is burdensome. Be polite. Be professional. Be detailed. Be sure to tell them that you want to keep your job, are a hard worker, and are committed to working for the company - but only under reasonable working conditions. Give dates, times, and names where appropriate. Give a copy of this letter by hand to the HR Dept. and/or your boss - and send them an electronic copy via email so that there is some kind of paper trail. Copy your personal email address on this email copy so that you have some kind of external proof that you sent this letter. In the email, reference the fact that you hand delivered this same letter to them in person.
4. Start looking for a new job in your off time. Start sending out resumes and asking family, friends, and colleagues about any available jobs. Network within your field. ***It is always easier to find a job when you have a job.***
5. Start a work journal. Remember back to when all of these changes started, when people quit, when policies changed. Make notes of the names, dates, times, and situations that occur on your job. For things that happened in the past, if you can't remember exact dates and times - that's fine - just try to get as close as possible. Make notes on when you sent your formal grievance letter, and any subsequent reactions from your bosses or management. Keep track of all of the things that are making you want to quit your job, when you have to be on call, etc. This is you record, your work diary that you will be able to confidently refer to in the event that you get fired, laid off, or quit - and have to appeal an unemployment eligibility ruling, or even file a lawsuit.
6. Start cutting your expenses and saving money wherever possible. You are in a bad situation and it sounds like your job is going to change, one way or the other, in the near future. If it changes by you getting fired, quitting, or laid off - you need to be as prepared as possible -- almost as if you see it coming. You should not count on getting unemployment.
I know it will be tough to do all of these things, and that you're in a tough place now - but it will be much much tougher if you quit your job without having prepared for it, or if you get fired or quit and are unable to collect unemployment.
You are still in control of your situation, you are still in control of your destiny.
Good luck and keep us updated.
Site Admin
Would I qualify for unemployment?
thanks
Thank you. Pat.
would there be a way to qualify? How long must I search for jobs (I've been looking for over 6 months VERY actively) until I can get help?
( This went on for a year.) As a result I now have a permanent partial disablity. I feel i was forced to quit or face even further damage to my existing condition. Do I have a case to file for unemployment? Thank you
So my question is is that considered a hostile work environment, and will I be able to collect unemployment benefits?
Any input would be appreciated.
I quit a seasonal job (was supposed to turn into year-round) because I was on my feet 4-12 hours a day, and I have a titanium rod in my leg (which i didn't inform them about). I did leave on the best of terms, and told them I "got a better offer". I just wanted to see if I should bother filing in MA?
process of looking for another job. I really feel that I can not work in this hostile environment and would like to quit but since I do not have another job this is not a god choice. If I was to quit is this qualified to be able to apply for unemployment. Any help would be appreciated. Thank you
This is a problem because I am a single father of a 7 year old little girl and this has been very hard for both of us.
Since this job has turned out to be unsuitable considering that it has not been what was promised, can I keep my unemployment as I desperately continue my job search?
Rea
Any help that anyone my be able to provide would be greatly appreciated. Thanks in advance!
Thanks!
Would I qualify for unemployment until I find something that would be less hours?
I have recently given my notice to my company because my husband has recently enlisted in the Army and he is stationed in GA. Will I be eligible for unemployment benefits because I had to move with my husband? Otherwise, I would have still been employed and in good standing. My intentions are to look for a job immediatly when I get to our new home, but I feel that it is s benefit that will help until I can get on my feet again. Please, I am open to any advise or suggestions.
This is one example of serious lack of authority that I feel like I can't deal with. If I quit, is there a chance I could get unemployment?
This first supervisor transferred to a different group and I thought things were going to get better. However, about that time my boss's boss told me "You have no future here." I believe my new supervisor was instructed to begin watching and documenting every little thing she could find against me.
The affect of the stress on my health got worse. In May 2010 my Primary Care Physician's Nurse Practitioner advised me to consider changing jobs. I have this in writing.
My PCP told me he never advises anyone to quit. But he did write a letter to my employer saying
"...Most of this is probably related to the anxiety and depressin that she has, which I would have to say from what she describes, is coming from her work situation.
"I feel that she would benefit from counseling through her work. Her ability to perform her job that she has done for so many years has been compromised by the fact that she is under so much stress at work, and her again this is unusual since she has worked there for so many yars in the same environment. I do not foresee any immediate change or improvement in her situation, and it may be that she will need some counseling which should be offered through the state for a situation such as this. If it is feasible, we can give her some medical time off in order to help her with the adjustment and coping in this situation."
By this time my new supervisor had documented about 5 instances that supposedly demonstrated insubordination on my part. I believe a reasonable person would agree that these were not insubordination . At most, one or two of them may reflect the memory problems that were part of my medical problems.
I'd been missing about 25% of my work already and did not think additional time off would help. I'd been having some counseling outside of work. And since I was convinced they were trying to fire me for insubordination , I finally quit.
I filed for unemployment benefits which were denied because I quit "voluntarily".
I have appealed because of my medical situation, their mistreatment and their continued pressure to fire me for insubordination . I have submitted documents including notes I made at the time of certain incidents. Are these notes admissible as evidence? I also have written recent statements regarding verbal discussions during my employment. Would this sort of personal testimony be admissible as evidence?
Thanks!
First of all, I would not sign any statements that I was not comfortable with, or did not believe. It sounds like your former employer is trying to lie in order to deny this other former employee unemployment benefits.
If you just resigned your position - and they are trying to get you sign something saying that you will return to work - it sounds like they are offering your job back. If so, you should go back to work, if your health allows you too. Since you resigned from your position your chances of getting denied for unemployment benefits are much higher (plus, it sounds like your employer likes to fight people's application for unemployment anyway - and there is a strong chance they'd likely win in your case). BUT - I wouldn't sign any statements that were untrue, or that were different from earlier agreements with your employer, or that you just don't feel comfortable with.
As for discriminating against you, and the matter of your FMLA paperwork - I really don't know what to tell you. I know that it takes many companies some time to get together FMLA paperwork - and a 2 day timeframe to get them together does not sound like a lengthy delay to me. I'm not very familiar with FMLA; I know it can get pretty complicated - and I just don't think I have enough info here.
I do know, however, that you must be having a difficult time being a new mom, having post partum depression, and the stress of your employer asking you to falsify documents.
Bottom line:
1. Don't falsify documents because that puts you on the hook, and puts you in legal jeopardy.
2. You've got to do what is best for your health, first. If you don't have your health you can't work and provide for your family - no matter if it is at your current job, or one that you find after this one.
3. If you have the chance to get your job back, by all means -do it. But in doing so, be very clear with your employer that you will not have anything to do with falsifying documents, and that your employer has to make allowances for you to maintain your health.
4. It is always more difficult to get unemployment when you quit. This varies from state-to-state, and often on a case-by-case basis. I'm sorry I can't tell you more here.
Let us know how it works out, and good luck to you!
Congratulations on the new baby!
Site Admin
My appeal is in 2 days and I would like to find some examples of where people in my position were approved. Do you know of any?
Given that I am working in a hostile environment, my checks are late/unpaid, and I am not getting my legally required breaks, if I quit will I be eligible to receive unemployment? I can get statements from previous employees as proof of his anger management issues with no problem. I live in NY.
Thanks
I resigned from my job because of hostile work environment. I had been on FMLA for 6 months where I would leave work every day 2 hours to take care of my daughter coming home from school who is a Type 1 Diabetic. I was forced to find a part time position within the first week I returned to work. THus I had applied for 13 jobs and Personnel said my interviews weren't going well because I looked desperate. Managers were questioning why I applied for 13 jobs. I found out that the hospital did not keep track of my FMLA time correctly so I thought my FMLA was going to end in March. Benefits told me there was an error and I only had 56 hours to my name instead of 240 they encouraged me to apply for more FMLA which I did. My boss was not happy with the decision. She wouldn't even make eye contact with me when I walked by her everyday. Then (2) incidences happen on the same day with my co=workers. One even taunting me that I couldn't attend a meeting because I leave everyday at 2:30. By the end of that day I went up to escalate the problem to my boss but she was on vacation, the secretary had me speak to another manager but she said she couldn't help me. I just resigned and left. I felt violated.
My unemployment was denied and I am going to a hearing on Monday. Do I stand a chance? I was a 14 yr employee of the hospital with and excellent personnel record.
Thanks.
#2. You should never have such an agreement verbally. Especially when you said this employer is famous for fighting unemployment. A good adjudicator can detect an employer, or employee, very quickly if either one is trying to "pull the wool over our eyes" so to speak. I could tell in a second, and it put a bad taste in my mouth at the start. But that did not take away, at all, from the facts.
#3. So, at face value, you have NO agreement that you were given permission to take 3 months off, unless the employer admits to that at the time of the hearing. NOW, if you provide evidence (during the hearing) to the Officer that there was an agreement of this 3-month leave, then the officer can declare an agreement. ie: the email. This email would reviewed very closely by the Officer. It should have given the return date to work, or be specific, in some way, to show a return to work date. So, if it was agreed upon between you and your employer that you were definitely given a 3-month leave before having to return to work, and you can show that you had mitigating reasons as to why you could not return in the 6 week period, then it would no longer be a quit, it would be a discharge. Why? Because you had a contractual agreement that the employer broke, and by breaking that contract, he ended your employment. I would declare you eligible IF you definitely prove to me that there was an agreement of a 3-month leave.
That said, you should not file your claim until after the 3 months have ended. One of the main eligibility rules to receive benefits is that you have to be able & available for work, & seeking work each week. However, you need to review your state's rules at this time. Given the economy at this time, there may be an exception to this rule. Most of the time, you have to seek 2 jobs a week to be meeting the able & available, but when unemployment goes over (usually 10% , the seeking work rule could be changed to say 1 job a week, or the work search is waived. I say 10% because that is usually what most states use as a base.)
So, if you are saying you can't work for this employer for 3 months, then you can't work, period, for 3 months. You would not be meeting the eligibility rule.
So your hearing would go as such. My letter to you would say that I declare you eligible due to a discharge from your employer. Then a second letter would follow telling you that (for all the weeks claimed) you are held ineligible due to not being able to work.
I would tell you this at the hearing (the part about having to be able to work). It the 3 months were still pending a month or so when the hearing was conducted, I would suggest to you that you stop claiming your weeks, wait until you 3 months end, and then reopen your claim. IF you just continued to claim your weeks, it would be more of a hassle for you. Each week you claimed, you would get a letter telling you there was an "issue" on your claim. You would be instructed to call an 800# and you would have to say the same story over and over and get the same letter of ineligibility until the issue no longer existed.
You are no longer attached to your employer once he tells you that you return to work after 6 weeks and you tell him that you can't.
With all of this said, I would definitely thing about returning to work, maybe ask for 8 weeks off. He may go along with that. Try to keep your job, that also would play into you being eligible or disqualified to receive benefits. The bottom line is : Try to keep your job. Present to the employer that the child care won't take the child until he/she is 3 months old. I would also have provided that to the Officer before the hearing. This supports your case a lot.
I hope this helps you. By this time, your hearing has probably been adjudicated. If so, let me know the ruling. I am interested in the result. Keep me posted.
Mary
Thanks
Angie
thanks
My job was very unstable with the managers always quitting . When they would quit they gave me the responsibility to take care of the store and the team hire train and do everything that a manager would do and i didnt have the title or the pay. the first time i did it forcefully for 3 months . then they hired a manager and i return to my normal duties. the manager left again and they wanted me to do the same thing act the manager part. without pay. i felt like they were taking advantage of me and it was causing a lot of stress in my life. so i quit my job. can i get the unemployment benefits because of this ?
thanks for the help
cindy
The manager has signed off that I was trained on 11 of the 133 tasks.
He takes a 7 day vacation and I had a staff from another location in to help me one of the 7 days. Otherwise I was left in charge from 8:30 a.m. until approximately 6:30 p.m. each day.
This was very stressful and I expressed my concerns to upper management who said it was okay and he the manager could go on vacation.
He did and I experienced a lot of stress because I could not properly serve the customers who then became angry at me.
I have the training matrix for proof and the work schedule to show I worked alone.
After manager returned from vacation, I quit. Can I get unemployment benefits?
My question is and problem is the following. I work in a private business Day Care. I was hired knowing that I was a full time student and they were flexible that I couldn't work one out of the 5 day schedule because I was in college. Now they are not able to help this semester. So they are harassing me to give in my two week notice. I don't understand why should i give in my notice and quit if I don't want to leave, if it's them they don't want me to stay. so if quit with this reason. would i be eligible to collect because I can't be unemployed. I pay for my tuition. They are forcing to quit, for they don't have to lay me off and let me collect unemployment. what can i do in this matter?
I will appreciated it, the advice. Thank You.
I quit my job in Rock Hill,SC in August 2008 to return to college full time. I have graduated in May 2011 with a BS in Business Administration and have been looking hi and low for employment but cannot find any work. Can I file for unemployment even though I quit my job to return to school?
I thank you for any input.
I have some questions regarding quitting your job. I know that if you quit then you will not collect unemployment. However, I read some "good cause" facts about quitting.
I believe my boss is Bipolar. His office is ran with a "damned if you do, damned if you don't" kind of attitude. When I applied for the job, the ad said NO EXPERIENCE NECESSARY, will train. I applied and they gave me the job. The job position said DATA ENTRY at an accounting office. My major in college was health and physical education.
I've worked here for 3 yrs and each tax season got worse. There was a lot of verbal abuse towards me. He screamed his head off if I made a mistake unintentionally , or with no training. He threw a pencil while we were having a conversation because he was upset. And he constantly belittles everyone in the office and makes you feel stupid. He is not approachable, he says to come to him if we have any questions, but he flips out and goes crazy if its a simple question to him. Bottom line he expects you to know everything about everything but he doesn't provide the proper training and if god forbid you do not know something he huffs and puffs and screams at the top of his lungs at you. I put up with his bs for 3 yrs, we had plenty of conversations about how we can try to improve and fix the tension but it would be fine for about a week or two and then he would start his tantrums again. It is an unpleasant atmosphere, he is constantly speaking his language with one of the other employee. Not to mention the other employee started rumors about me to the boss.
I have migraine headaches almost everyday. My blood pressure has increased since about 2 yrs ago. I went to my doctor and she did mention that it could be a possibility that it is stress from the job.
Anyway, what do you think of this situation? Please help!
I am 21 weeks pregnant, have placenta previa, and am on a 20-25 lb lifting limit. I work in an Assisted Living facility which claims to be non-lift. But they have ways around that rule. They admit several residents that need lifting in some way and have some that are even full assists. We also have a memory care unit for dementia patients. These residents and some others in the AL can be very aggressive and hostile. I have had several threats, things thrown at me, and physically hit and kicked very close to my abdomen. I have went to management and nothing was done about this except incident reports filed.The company of which they are run by specifically says there is no light-duty for anything except workmans comp. I am surprised they have not.fired me yet due to the restrictions. The other employees are getting made because I can not do my workload and the boss has insisted they pick up the slack. Which in turn increases their.workload which makes them upset with me and my "condition". I know the right.thing.to do for the benefit of the residents would be to quit because i can no longer perform the jobs they need me to do. But I wasn't sure that if I quit under the circumstances that I would be eligible for unemployment insurance. I have the medical conditions and the hostile environment but not sure if my appeal would go through.
Thank you for your help. Don't know where to turn to at this point.
Can they do that? Should I not be able to get unemployment since they changed their guidelines and I have been an employee already?
I sent an appeal in after being disqualified for my unemployment benefits and have a hearing soon. What do I do?
Thanks,
Scott
Thanks Tina
Thanks for your time.
thanks
In our state of Ohio, can we quit this upcoming Monday 11/07/11 and file for unemployment benefits? Please advise asap.
Thank you so much!
Also, I am not a doctor, but I do know that pool chemicals are VERY strong, and I would suggest that you do not get near pool chemicals while you are pregnant. You should ask your doctor about this, but until you know for sure, you should stay away from the pool chemicals.
Site Admin
Hey I have been working for a company for 8yrs and have moved up the scale to a position that makes a good salary but this pass year they have demoted me down two levels because of my availabilities to work in the weekends now I had a steady schedule for the pass 5yrs due to a service I provide in the weekends and the new store manager and the district manager new of it but still accepted me into their store with a steady schedule but now they say that I can't work both jobs and that they don't care about my availabilities so they I schedule me days that I can't work so I can call out and fire myself what can I do I have called HR and even the ethic line an ask for a transfer 5 times already and they are not budging my manager does not talk to me and I can't even ask for anything everything gets denied but accepted for others now that my yearly review happened I score very good with meant for a raise but got nothing cause he says he don't want to give me a raise that's when I notice that it's a personal issue he has with me I love my job and want to keep it but I'm stress what to do
I just had my first baby last August and I couldn't go back to work because of the kid now we are in December do I qualify for unemployment?
So I have been with my recent employer for just over 11 months. I just got told I need a pretty serious surgery before the end of the year. however since its not been a year I'm not able to get fmla. So they told me there's not a good chance of me getting my job back after the 8 weeks that I need to take off. So if I was to quit now would I be able to get benefits from unemployment?? Please let me know thanks so much!!
We are both Grad students and moving about an hour and fifteen minutes away. She is going to have to quit. How can we keep her benefits?
Is the move and being busy with school valid?
She is trying to get in as a pool lifeguard at 16HRS a week at about the same money, is that valid?
Is either or both togather a valid way to keep uemployment and if not do you have any ideas.
Thank you
Last year I was working for FDOC and I was 7 1/2 months pregnant when I left.
I ended up falling and fracturing my shoulder and the doctor would not release me for over a week. When I finally came back they called me to the Wardens office and asked me to resign against my say so because I had missed so much work. They also told me I was not eligible for leave when I had the baby anyways. So right then and there, I signed papers saying I quit..even though they made me. Would that make me qualified?
Do I have a chance at the appeal???
How long have you been at your place of employment? First of all, it's illegal for them to discriminate against a pregnant woman! Second, they have to allow you maternity leave, by law. Unfortunately, they could replace you while you're on maternity leave. (Depending on your state and how long you've been employed....)
I was pregnant and took early maternity leave and was replaced two weeks before I was scheduled to come back. I tried to fight this, but in my state (PA) they said I have to be employed 365 days for FMLA (Family Medical Leave Act) to be in effect. Ask your employer for a handbook. There are laws they must follow!
Second, I've had to clock out multiple times and then go do errands for the hotel and never got compensated for it.
Third, they will not buy me a new uniform shirt and they gave me an old one that has holes all through the front of it.
Would I qualify for unemployment if I quit? I'm tired of having to work for free! I'm wishing now I would have taken more pictures of the things I've done after I clocked out.
The worst part is that I'm getting blamed for not being able to catch the perpetrators; I'm just the camera operator and I have to watch the entire store and I have no authority to physically pursue shoplifters. All I can do is authorize shoplifting apprehensions, make phone calls to managers and the police, and direct the security guard on the sales floor of where to go -- if he shows.
Yesterday I was written up because of these thefts and the manager even stated, "This seems to happen only when you're working" This isn't true and I proved it to him by providing recorded video that I was not working on 2 of the 4 days the store was hit.. I was/am very upset with his insinuation that I would have any involvement with thieves (I don't like them, that's why I chose the loss prevention profession), but I managed to keep my anger controlled.
Anyway, the manager told me "my negligence to the situation" was grounds for termination, but for some reason they decided to make it my final notice instead, which basically means that if the store gets hit again and I don't catch them, I'll be fired.
I wanted to quit right then, but I wouldn't be eligible to receive my vacation pay if I did. If I submit a two-weeks notice, I would be able to get it, but I know they will do what they can so I will become ineligible for it. I plan on documenting every little thing from now on.
I have a feeling I won't qualify for unemployment if I submit my two-weeks notice. So my question is, can I qualify for unemployment if they fire me for something they believe is within in my control but I clearly know is not?
Best
I recently quit my job. I was doing work that wasn't in my job description. Can I file for unemployment?
I"ll give all of you a quick run down of my situation. I was a clinical research Coordinator basically clinical trials. A few days a week my boss would make me do Medical Billing, mostly medical payments. I had no experience in Medical billing and pretty much learned the job as I went.
This was part of the reason I quit. I was never being compensated for the medical billing and if my clinical research fell behind my boss would give me an earful.
Just want some people's opinions. I don't want to file for unemployment but I have some bills that i'm close to paying off and now without my job I may fall behind.
Thanks in advance.
They started me at a low salary then gave decent percentage raises over the first 2 years. Then they started citing the economy for low raises and finally, last year, they gave me a 'decent' raise.
However, since I was started at a low salary, my salary now is still pretty low. I have calculated the salaries for people in my position, in my area, with my education and experience and I am around the 58%. For me, personally, that is unacceptable and doesn't help my savings plan.
I believe my bosses want me to quit and are being extremely passive agressive about it. We have plenty of business, I contribute a TON and I know they can afford to give me a proper raise but yet they still refuse.
Also - I think I may have a case for a hostile work environment.
For one - No matter WHAT I'm doing or WHEN I'm busy my boss will stop me from working to start working on something else. He constantly calls me a nickname, which I hate, and have asked him not to use in the past yet he continues using it. We have NO HR DEPARTMENT, we are small.. 3 people.
Last year when I got my yearly review and raise I was promised a $500 deposit into a new ROTH IRA as well as a work laptop and DIRECT DEPOSIT.. I never received any of these 3 promises, even after trying to help get them any way possible. They were never written down so I assume I can't do anything about it.
I had to go buy a laptop myself which I am still paying off.
When I bring up the topic of my ROTH IRA as well as the laptop and Direct Deposit I am met with anger and threats - for example one day I asked about direct deposit, casually stating "I guess I should just give up on that one, huh?". This was met with a stern talking to and a threat to have a meeting about my 'attitude'. Sure, my attitude was a little sour but wouldn't yours be, too? 5 years and they can't set up something as simple as a direct deposit?
Anyway, the threat was never followed through with and I moved on.
Fast forward to THIS year (my 5 year anniversary working for the company).
No mention was made of my 5 year accomplishment, no meeting was held. In fact, I had to bring it up MYSELF a month and 1/2 after the fact just to have an official review finally scheduled for MYSELF.
Then the day of the review came and went and I find myself typing this out of frustration with the hope that you will tell me all of these things will qualify me for 'hostile working environment' unemployment.
Thoughts?
John Doe L
First of all, you should consult a licensed attorney that is an expert in employment or business law to find out whether or not what your boss is asking you to do is legal or not.
What I am about to tell you is not legal advice, and should not be considered legal advice. I am not an attorney. If you need legal advice, you should consult a licensed attorney in your state.
Not being an attorney, and not having been to law school, my gut instinct tells me that what your boss is doing is possibly illegal. If your boss stopped using a payroll company because he couldn't pay taxes - this could mean that all of the people who were supposed to have taxes withheld from their checks - might not have had taxes withheld. Think of how disastrous this would be when it comes time to file your taxes and find out that you didn't pay any, because they weren't withheld from your check! Again, I'm not giving legal advice here - but I think your instinct that something is fishy is right - and it would be in your best interest (it sounds to me like you might be the bookkeeper or office manager?) to not have anything to do with what your boss is asking you to do. At best, it sounds fishy. At worst - it could be possible illegal.
As far as how to proceed with this, with respect to your unemployment eligibility - that is always a tough one if you end up getting fired or have to quit your job because of a situation like this. Every state is different, but generally, there is a bigger burden on the you as the claimant if you quit your job to prove that you are eligible. Some states it is completely clear - quit your job and you're not eligible. Likewise for getting fired. You should call or visit your local unemployment office and explain your situation to someone there. It would probably be best to go to an office in person, as you are more likely to actually get to speak to someone to explain your situation.
Nevertheless, getting fired or quitting your job and ending up not being eligible for unemployment will pale in comparison to doing something illegal or unethical that your boss asks you to do - the last thing you want to do is get charged with a crime and go to prison.
Here's my advice:
1. Don't do anything you're not comfortable with. If you think it is illegal, unethical, or you are just not comfortable doing it - then don't do it. Nobody can force you to do anything.
2. Talk to a lawyer. You should consult a licensed employment or business law attorney in your state to find out if what your boss is asking you to do is legal and ethical. Also, you should go to the IRS website and look it up. This may be a simple enough question that a quick call to the IRS phone number for small business owners could clear it up for you. Explain the situation to the attorney or to the IRS and find out if what your boss is asking you to do is illegal or unethical.
3. Start looking for a new job. Send out your resume, start networking in your field and asking friends and family about possible job openings - and start checking the job posting websites. DO NOT tell your boss or ANY of your coworkers that you are looking for a new job. It sounds like at the very least your current employer is a sinking ship, and you don't want to be on it when it goes down. Remember - it is always easier to find a job, when you already have a job.
4. Keep a journal. If you use email in your office or paper memos - try to get a email or paper record of the task that you boss asked you to to. Also - start making a daily journal about your job, with dates and times, notes about specific conversations related to this task, and any other you feel uncomfortable doing. Be very specific and detailed - dates, times, names of people present, what was said, etc. Also - go back in your memory and try to recreate as much of this information as possible for your journal from your memory for conversations in the past. This will help you in the event that you have to make an appeal if you are denied for unemployment, or if you are involved in any kind of possible legal case that may arise. In an appeal situation it is always their word against yours, this is why it is so important to keep a journal and any kind of hard evidence about any possible illegal or unethical activity that you can (emails, memos, etc.).
5. Don't quit your job. Unless you are advised to do so by an attorney, or a government official from somewhere like the IRS, or someone at your local unemployment office, I strongly believe that you should not quit your job. If you feel like you have to quit your job, you should call or visit your local unemployment office, explain your situation to them - and get the official word from someone there before you actually quit. That said, I think your intuition is telling you correctly here... Since you feel uncomfortable doing this task that you boss asks - don't do it. If he insists, he'll him fire you - if he is actually going to, but I don't think you should quit your job. If you quit your job, your employer will probably just tell the unemployment office that you quit because you wanted a new job or whatever. If he has to fire you, the unemployment office will probably want to know why you were fired, and your boss probably wouldn't want to answer those questions.... Bottom line - I don't think you should quit your job, but you should always call your local unemployment office and speak to a staffer there to get the final word.
Good luck. I know you are in a tough situation - but everything will turn out OK. Check back in with us and let us know what you find out.
Site Admin
will he still be able to draw partial unemployment if he is making less than what he gets from unemploymen?. so for an example say he may get 400 dollars a week in unemployment and when he first starts at the new job he only makes say 290 dollars a week will he still be able to get the other 110 dolars from unemployment?
You should be able to quit your job and receive unemployment, if you claim "Constructive Discharge".
You should report this Residence/Employer to OSHA
i need answer please.
Thank you.
She also never asked me if I was ok, just wanted to make sure the car got to the repair shop. She also wanted me to stay there until the car was fixed (broken axle, tie rods etc.) and go back to work. I told her i was going home. I believe I work in a hostile environment, if I explained my situation to unemployment, would it be remotely possible for me to collect so I can look for a new job? I do not get insurance, sick days etc. either. If I don't work, I don't get paid.
File for FMLA and also apply for disability. You will be able to return to work and you should get some disability payments.
We recently moved to an area where my mother lives, so that I could have some support when needed. My wife continues to battle severe depression. Sometimes, not being able to get out of bed for days at a time.
This has had a severe effect on my ability to perform my job duties, especially since circumstances had us move 1.5 hours away from the metro area where most of my work is conducted.
I continuously try to care for both my wife and my 8 year old daughter, with limited help from family. Honestly, my work product has been suffering as a result. I can't devote enough time to either my job or my home life.
I've been looking for lesser paying jobs in the immediate area, but have had no luck in finding anything at this point.
I have become depressed over the situation and am currently on medication for that as well... YAY! :(
I don't feel like I can continue splitting my time between my job and family. I read where you can be eligible for taking care of a sick family member. Well, my wife is very sick and my daughter needs supervision and care.
My boss knows about what has been going on at home, because I was honest with her about the situation, when task extensions were needed, etc.
Is there any way possible that I might be eligible for UI benefits if I were to quit this job to be able to spend more time caring for my wife and child, until local employment can be gained?
Sorry for the long post!!!
Thanks,
John
so i quit and didn't show up.. After. I text my boss and told him about my pay and he said i quit so come in abd sign papers.. I never sign nothing.....but my ?? Is i want to file unemployment and want to know if i have a chance to get my unemployment..
What state are you in? Most states require a lunch break as well as periodic 15 min breaks. If your employer is denying you of this, it could be illegal.
Also, your employer cannot force you to work overtime, since you are an hourly employee (you're not on salary, right?).
If you have it in writing that you should be paid $18.00/hour, you may have an employment contract that is enforceable by law to where they have to pay you that amount. Depending on which state you are in, this could be grounds to quit and collect unemployment.
But!
Do NOT quit your job.
You should record and document your discussions with your employer/the company owner about how they will never pay unemployment, about your situation there.
Since they cannot force you to work overtime, you do have time to search for a new job. I know it is hard - I know it won't be easy - but you can do it. Just because you work there doesn't mean they own you. You are in control of your own future, your own destiny.
My advice is this:
1. Don't quit your job until you've found a new one.
2. Document all of your interactions with your boss/employer that you think are confrontational , potentially illegal, or against agreements they made in the past. The person who hired you is an agent of the company and their promises are binding, no matter if the actual owner agreed to it or not. No matter if the company was sold or not...
3. Start looking for a new job.
4. Consider filing a complaint with your state employment agency regarding your employer not paying your agreed upon rate (that you have in writing).
5. Keep your head up. Things will get better. You *are* in control of your future.
Site Admin
If your boss had grounds to fire you, they'd just fire you - right?
It sounds like they don't have enough work for you, or the business is declining and they need to lay you off - but are trying to get you to resign (which means you quit voluntarily) in order to avoid paying you unemployment.
Are they offering you any kind of severance package?
Site Admin
Found out that the sales staff tells prospects (I call them victims) things that aren't true in order to get the sale. The sale is then dumped to me to explain the truth and no customer is happy about being lied to. Since my hire date, the manager has been fired for embezzlement, resulting in no payment of my income taxes, a new manager was hired who then fired the programmer resulting in no bug fixes, another larger company buys us out and turns out to be even worse than the last batch of crooks and after realizing that this all was severely affecting my health, I was diagnosed with Dilated Cardiomyopathy.
Am I to understand that if I quit this job because it is literally (however slowly) killing me, I can't draw unemployment?
If I took one of the other positions, I would have to pay out more for childcare than I would make by working where I do. Is it considered voluntary unemployment if I don't agree to take one of these other positions?
unemployment until i find another job?
1. Does she need to take that different job, or can she opt out or refuse to do so, and collect unemployment? We want her to move to California with us and find a job here.
2. Can she move from Colorado to California and collect unemployment benefits while looking for a job here?
I quit my job last Thursday. I quit because they claimed I fabricated an email and suspended me for 5 days without pay. I tried to show them the proof but they weren't having any of it. They just suspended me. So in anger I quit and walked off. do i have any grounds??
*Sorry lots of error but in a hurry as what to do.....
I would like to start this off with I work for a dental office in Virginia. About 9 month ago I found the job AD looking for a dental assistant, which I am and have years of experience in this field I found that the job was in my town which was hard to find. When I spook with the owner and boss he stated that the position would be full time and that he need a dental assistant who knew little about that front desk. I agreed that I had the experience he was looking for then. I was clear to the boss about everything I was able to perform. The boss during the face to face interview stated that the position would be 40 hours a week Monday thou Friday and he would pay me 13 dollars a hour. After 6 month I would get health benefits and 1 week paid vacation. I loved the idea of opening a brand new office so took the position.
Just be for we opened the office the boss stated that he would like to pay me 1500.00 a month I stated that, that was 580.00 less that would we agreed upon in the first place. The boss said he know that but If I would consider this for 3 month I would get the raise we just need to get the office busy first. I said what would be the hours. The boss then said Monday – Friday 9-5, which was 40 hours a week. I said which a hour lunch the boss agreed one hours lunch no brakes, Instead that we would not be that busy in the beginning. I agreed only since the boss stated that I would get a raise and my 1 week vacation and benefits.
Well as time went by we were slammed I was the only employee for 5 months and we worked for 8 am to 8 pm most days then none. I stated to the boss that it was time to up the pay for the hours I was working and the boss said that my performance was not the best and that am make many mistakes. By this time I was called the office manager and doing everything in the office by myself. I stated that was not fair the boss then posted an AD for new staff. And said he would reconsider my raise in 3 more months. Needing a job at this time since its winter and that the worst time to find a job I dealer with it. Later he did not accept the raise took my one week paid vacation away, and did not get benefits until 8 months after hire. The boss said there was more important thing to worry about then my benefits and that he decided not to give vacation time only telling me this after I turned in my request for vacation.
By the next month he had hired a small staff I then demanded a raise or I was going to report the employer to labor law since must day I did not even get a lunch. The employer agreed and I was moved up to 2000.00 a month and did not have to work anymore over time. As time went on that was a lie now I would get a hour lunch 3 days a week other days we would be so busy I would only have enough time to run and eat from the gas station down from the office. About 8 month in I found out I was pregnant and began have completions when I talked with the employer I stated that I would need two 15 min brake a hour lunch and 8 hour shifts, and to go to hourly rate. Employer agreed and this Monday was my first day back in over 3 week. When I got to the office my boyfriend was on the schedule for work to be done. I called before clocking in to remind him and he said oh ok thank you. While on my first brake I received a text to cancel the appointment and he would come to talk to the doctor to day as to why. I told the front desk and they stated ok. And I sent a text back letting him know it was cancelled.
Moment later I could hear the front desk talking on the phone with him. After the conversation was done he told the boss who then pulled me in the office and told me to go home and I was responsible for him leaving our practice, I’m so tired of the lies and being sent home for every little thing. What rights do I have someone help….….
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