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Lucky09
2017!
Member since 1/06 7537 total posts
Name:
DW
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You can quit now or we will fire you.
Basically I know a few people who have been given this option recently.
Their superior told them "quit now, or we don't see things going well the next few months for you here and you will eventually be terminated". They are given the "option" to leave now with nothing negative in their file.
My question is, can a person still collect unemployment if they are basically forced to quit under these circumstances?
I don't feel like things have been going well for me lately at work. Anything can happen, so I want to be prepared..
Thank you!!!
Message edited 10/17/2011 9:32:59 AM.
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Posted 10/17/11 9:31 AM  |
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Michi
My Love
Member since 5/05 31600 total posts
Name:
M
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Re: You can quit now or we will fire you.
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
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| Posted 10/17/11 11:58 AM |
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MrsFrizzle
<3
Member since 9/09 4628 total posts
Name:
Kristin
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Re: You can quit now or we will fire you.
You can collect unemployment if you quit, it's difficult but can be done and needs a paper trail (I know from experience helping someone). I wouldn't advise doing it though unless it was a dire necessity.
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| Posted 10/17/11 2:59 PM |
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julz33
i run for bacon
Member since 5/05 20584 total posts
Name:
julz
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Re: You can quit now or we will fire you.
Posted by Michi
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
Thats my first thought as well, but I have no experience in dealing with unemployment.
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| Posted 10/18/11 11:01 AM |
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lovemyfamily88
LIF Adolescent
Member since 5/10 641 total posts
Name:
????
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Re: You can quit now or we will fire you.
Do not quit. This is a scare tactic. You will not be able to collect unemployment if you do.
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| Posted 10/18/11 1:31 PM |
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cateyemm
Twins!
Member since 7/10 8027 total posts
Name:
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Re: You can quit now or we will fire you.
Yeah but if your friend is fired, there is a chance she wont be able to collect unemployment anyway. I have ex coworkers who were fired (because they didnt show up to work but tried to lie and say they were in) and tried to collect UIB and went to trial and didnt get it.
I'm sure it depends on the reason and the paper trail, but I wouldnt be suprised if the company tries to fight it. It's in their best interest to fight it to keep their UIB rates down. Just something to think about, when weighing her options. I dont know enough about the rules/laws but it's worth looking into when making the decision.
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| Posted 10/18/11 2:13 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: You can quit now or we will fire you.
The best thing to do in this case is NEGOTIATE. If they want your friend to leave, and it sounds like they do, she has to get in writing that the company will not dispute her unemployement. Basically, when she leaves, she has to apply for unemployment and her company has to say ok. When someone quits, the company will not ok the unemployment benefits. However, if she negotiates it up front, then the company has to comply. It's better for her to leave on her own free will (rather than be fired) for obvious reasons.
Hope this makes sense.
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| Posted 10/18/11 5:57 PM |
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MrsFlatbread
Skinny jeans are in my future
Member since 6/06 10258 total posts
Name:
Baby Momma
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Re: You can quit now or we will fire you.
they are trying to get out of unemployment. I do not think they can give you a bad reference either, bc I think you can sue them if they do.
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| Posted 10/19/11 12:03 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: You can quit now or we will fire you.
Posted by Michi
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
I agree.
I would also make sure you have copies of written performance reviews, dates of any meetings and feedback, etc.
Your "file" with them means nothing if you're leaving the company. What they may try to do is hit you with a bunch of negative feedback to try to say you're insubordinate to get out of paying unemployment that way. Make sure you have copies of everything to the contrary.
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| Posted 10/19/11 12:49 PM |
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Re: You can quit now or we will fire you.
Posted by MrsFlatbread
they are trying to get out of unemployment. I do not think they can give you a bad reference either, bc I think you can sue them if they do.
Agreed.
Also I am sure they may try to make the environment extremely uncomfortable as another tactic with hopes that you get fed up and quit.
I've seen this happen with someone but they held on strong and were able to get unemployment.
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| Posted 10/19/11 6:19 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: You can quit now or we will fire you.
just because someone quits does not mean they automatically get denied for unemployment.
Also and employer pays into unemployment and so if someone files an unemployment claim it is nothing out of the employers pocket....they have already paid it.
My question is did they say you can leave or get fired or laid off? if they are doing layoffs if someone quits they get out of paying any severance.
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| Posted 10/19/11 8:04 PM |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: You can quit now or we will fire you.
Let them fire you and in the meantime prepare for it. Start applying elsewhere, save as much as you can, start packing things up slowly, delete emails you may not want them to read, take home files you want and so on. This way you're ready for it AND you can collect unemployment. If they fire you, you can possibly also get severence. If you quit you get nadda.
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| Posted 10/19/11 8:08 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: You can quit now or we will fire you.
Posted by Michi
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
I completely agree with this.
Get their resume together, interview for jobs because they've just been given a huge heads up.
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| Posted 10/20/11 12:17 PM |
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Ltdentway99
LIF Adult
Member since 9/06 1752 total posts
Name:
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Re: You can quit now or we will fire you.
I third this. You are not eligible for unemployment if you quit. Start saving money and interviewing now.
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| Posted 10/20/11 5:17 PM |
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MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
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Re: You can quit now or we will fire you.
Posted by Michi
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
Yep. I'd agree. I did quit my job, but we were at an impasse, and I left once I had something else lined up. If I had to rely on unemployment, I'd still be there in the middle of a p&&&&ing match...
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| Posted 10/20/11 5:34 PM |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: You can quit now or we will fire you.
My advice: DO NOT QUIT
My friend quit her job because of sexual harassment and hostile work environment. Initially her unemployment was granted. Then her employer fought it. She had a hearing. She lost. She had to pay all her unemployment money back. She hired an attorney. She appealed and after A YEAR AND A HALF she got her unemployment.
DONT QUIT
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| Posted 10/20/11 7:24 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: You can quit now or we will fire you.
They are bullying people to quit so they don't have to pay umemployment.
And they are also not allowed to bad mouth former employees to future employers. They can be sued for that.
I would start cleaning up my stuff. Clean emails. Get copies of performance reviews. Prepare resumes, etc..
Let them fire you!
You CAN get unemployement if you quit but it's so hard to make a case that you were bullied out of your job.
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| Posted 10/21/11 2:30 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: You can quit now or we will fire you.
If they give you a choice between resigning and being terminated, it's considered an involuntary resignation. You should be eligible to receive unemployment benefits. I would make sure you have some type of written documentation just in case your employer tries to fight your claim for benefits.
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| Posted 10/23/11 9:40 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: You can quit now or we will fire you.
Posted by MrsS2005
If they give you a choice between resigning and being terminated, it's considered an involuntary resignation. You should be eligible to receive unemployment benefits. I would make sure you have some type of written documentation just in case your employer tries to fight your claim for benefits.
Yes. You can certainly collect if you quit though. I would document everything and get my resume out there.
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| Posted 10/24/11 10:47 AM |
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Mrs213
????????
Member since 2/09 18986 total posts
Name:
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Re: You can quit now or we will fire you.
Posted by Michi
Do. Not. Quit. If you quit you can not get unemployment. I am pretty sure if a job is saying that to pple it is so they can get out of paying unemployment.
Yes!! Don't quit
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| Posted 10/29/11 12:48 AM |
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