| Posted By |
Message |
| Pages: [1] 2 3 |
jillee03
LIF Adult
Member since 8/05 953 total posts
Name:
Jill
|
Unemployment question
If I was out on maternity and then when I was supposed to go back in January the details of my hours and work days didn’t work out between my boss and I. Would I be able to collect unemployment now
|
Posted 1/11/18 12:50 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource |
NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
|
Re: Unemployment question
Would he be laying you off?
Or would you be quitting?
He would have to lay you off for you to collect unemployment
|
| Posted 1/11/18 12:52 PM |
| |
|
jillee03
LIF Adult
Member since 8/05 953 total posts
Name:
Jill
|
Re: Unemployment question
it was mutual. We had agreed on 3 days a week but company is going in a different direction and he needs to cut staff and offered me 5 days but i couldn't do 5 days
|
| Posted 1/11/18 4:19 PM |
| |
|
NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
|
Re: Unemployment question
I beleive if he positions it as he "let you go" you should be able to collect
|
| Posted 1/11/18 4:20 PM |
| |
|
ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
|
Re: Unemployment question
Posted by jillee03
it was mutual. We had agreed on 3 days a week but company is going in a different direction and he needs to cut staff and offered me 5 days but i couldn't do 5 days
If you were previously working five days he offered you five days. That’s all they have to do. Sounds like you want to quit so I don’t think unemployment is realistic here.
|
| Posted 1/11/18 9:57 PM |
| |
|
LuckyStar
LIF Adult
Member since 7/14 7274 total posts
Name:
|
Re: Unemployment question
Posted by ave1024
Posted by jillee03
it was mutual. We had agreed on 3 days a week but company is going in a different direction and he needs to cut staff and offered me 5 days but i couldn't do 5 days
If you were previously working five days he offered you five days. That’s all they have to do. Sounds like you want to quit so I don’t think unemployment is realistic here.
I agree. You technically quit.
|
| Posted 1/11/18 10:01 PM |
| |
|
itsagoodlife
LIF Adolescent
Member since 8/15 619 total posts
Name:
|
Re: Unemployment question
If you quit then no unemployment. He would have to fire you.
|
| Posted 1/11/18 10:03 PM |
| |
|
hmm
Sweet
Member since 1/14 7993 total posts
Name:
|
Unemployment question
I also dont think you can collect unemployment. The company can deny unemployment. Maybe discrimination since you were out on maternity but not even sure about that
|
| Posted 1/11/18 10:30 PM |
| |
|
LuckyStar
LIF Adult
Member since 7/14 7274 total posts
Name:
|
Re: Unemployment question
Posted by hmm
I also dont think you can collect unemployment. The company can deny unemployment. Maybe discrimination since you were out on maternity but not even sure about that
She wasn't fired, she is choosing not to go back because they need someone full time (which I assume is what she was before going out on leave). That is not discrimination.
|
| Posted 1/11/18 10:33 PM |
| |
|
jillee03
LIF Adult
Member since 8/05 953 total posts
Name:
Jill
|
Unemployment question
Yes i was 5 days before Maternity leave. We spoke days before i went out then company dynamics changed and he asked me
To do 5.
|
| Posted 1/11/18 10:38 PM |
| |
|
NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
|
Re: Unemployment question
Posted by LuckyStar
Posted by hmm
I also dont think you can collect unemployment. The company can deny unemployment. Maybe discrimination since you were out on maternity but not even sure about that
She wasn't fired, she is choosing not to go back because they need someone full time (which I assume is what she was before going out on leave). That is not discrimination.
Yep. FMLA (if it even applies) only states they must hold a comparable job to yours while you are out. Which it seems like they did. So definitely no leg to stand on there.
|
| Posted 1/11/18 11:25 PM |
| |
|
NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
|
Re: Unemployment question
No, you are not entitled to unemployment given this situation.
|
| Posted 1/12/18 9:16 AM |
| |
|
Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
|
Unemployment question
sorry - doesn't sound like you can get it. Technically he offered you your old job - you are the one turning it down.
|
| Posted 1/12/18 11:09 AM |
| |
|
|
|
Unemployment question
No you wouldn’t qualify. If they offered you 5 which is what you were working before, and you can only work 3 days, that’s your choice, not theirs, so they would have to fire you to collect
|
| Posted 1/12/18 11:40 AM |
| |
|
VickiC
Rocking the party
Member since 5/05 4937 total posts
Name:
Vicki
|
Unemployment question
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
|
| Posted 1/12/18 5:25 PM |
| |
|
Mara1017
LIF Adolescent
Member since 5/11 696 total posts
Name:
Mara
|
Re: Unemployment question
Posted by VickiC
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
This is not correct. She was working full time before she went out on maternity leave and they gave her a full time position but she wanted to work part time. She basically she quit and therefore not entitled to unemployment.
|
| Posted 1/12/18 6:51 PM |
| |
|
DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
|
Re: Unemployment question
The rules for collecting unemployment are much more complicated than what you will find out on a message board.
Apply for benefits. Have your telephone interview and let UIB decide whether or not you are eligible for benefits.
|
| Posted 1/12/18 8:19 PM |
| |
|
LuckyStar
LIF Adult
Member since 7/14 7274 total posts
Name:
|
Re: Unemployment question
Posted by DancinBarefoot
The rules for collecting unemployment are much more complicated than what you will find out on a message board.
Apply for benefits. Have your telephone interview and let UIB decide whether or not you are eligible for benefits.
Don't you need to actively prove you are looking for work in order to receive benefits?
The purpose of unemployment is to "hold you over" until you find a new job.
|
| Posted 1/12/18 8:24 PM |
| |
|
Katareen
5,000 Posts!
Member since 4/10 7180 total posts
Name:
Katherine
|
Unemployment question
I would apply. Worst case they say no.
|
| Posted 1/12/18 8:40 PM |
| |
|
NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
|
Re: Unemployment question
Posted by Mara1017
Posted by VickiC
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
This is not correct. She was working full time before she went out on maternity leave and they gave her a full time position but she wanted to work part time. She basically she quit and therefore not entitled to unemployment.
This is correct. The first poster here says she was "laid off." That's the key. The current employer has to lay you off to get unemployment. And the OP has to actively be looking for new employment. She would not qualify.
|
| Posted 1/15/18 11:57 AM |
| |
|
DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
|
Re: Unemployment question
Posted by NYCGirl80
Posted by Mara1017
Posted by VickiC
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
This is not correct. She was working full time before she went out on maternity leave and they gave her a full time position but she wanted to work part time. She basically she quit and therefore not entitled to unemployment.
This is correct. The first poster here says she was "laid off." That's the key. The current employer has to lay you off to get unemployment. And the OP has to actively be looking for new employment. She would not qualify.
That is absolutely not correct. There are circumstances where you can quit and get unemployment. As for actively looking, the actual standard is "ready, willing, and able to work." As I said in a PP, the standards for collecting unemployment are much more complicated than what can be stated on a message board.
|
| Posted 1/15/18 10:15 PM |
| |
|
LuckyStar
LIF Adult
Member since 7/14 7274 total posts
Name:
|
Re: Unemployment question
Posted by DancinBarefoot
Posted by NYCGirl80
Posted by Mara1017
Posted by VickiC
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
This is not correct. She was working full time before she went out on maternity leave and they gave her a full time position but she wanted to work part time. She basically she quit and therefore not entitled to unemployment.
This is correct. The first poster here says she was "laid off." That's the key. The current employer has to lay you off to get unemployment. And the OP has to actively be looking for new employment. She would not qualify.
That is absolutely not correct. There are circumstances where you can quit and get unemployment. As for actively looking, the actual standard is "ready, willing, and able to work." As I said in a PP, the standards for collecting unemployment are much more complicated than what can be stated on a message board.
It sounds like she would be neither ready nor willing to work.
|
| Posted 1/15/18 10:30 PM |
| |
|
hmm
Sweet
Member since 1/14 7993 total posts
Name:
|
Re: Unemployment question
Posted by DancinBarefoot
The rules for collecting unemployment are much more complicated than what you will find out on a message board.
Apply for benefits. Have your telephone interview and let UIB decide whether or not you are eligible for benefits.
there is no telephone interview, I just got off unemployment because I lost my job over the summer
|
| Posted 1/15/18 11:30 PM |
| |
|
hmm
Sweet
Member since 1/14 7993 total posts
Name:
|
Re: Unemployment question
Posted by DancinBarefoot
Posted by NYCGirl80
Posted by Mara1017
Posted by VickiC
Yes - you would qualify because the same thing happened to me. I was working PT and they wanted me back FT after Maternity leave. I couldn't do it, so they laid me off. You can file for Unemployment as I doubt your boss would deny your claim. Technically, he'd have to fire you anyway because you are not able to fulfill the position he wanted you to fill.
This is not correct. She was working full time before she went out on maternity leave and they gave her a full time position but she wanted to work part time. She basically she quit and therefore not entitled to unemployment.
This is correct. The first poster here says she was "laid off." That's the key. The current employer has to lay you off to get unemployment. And the OP has to actively be looking for new employment. She would not qualify.
That is absolutely not correct. There are circumstances where you can quit and get unemployment. As for actively looking, the actual standard is "ready, willing, and able to work." As I said in a PP, the standards for collecting unemployment are much more complicated than what can be stated on a message board.
yes you have to show proof of actively looking and be ready and willing to take anything that comes alone. With each passing set of weeks you must be willing to accept any type of work
OP can always call UE and ask if she would qualify. but you must get fired in order to apply from what I know,
The company has the right to deny unemployment. YOU must give UE the reasons why you are applying
|
| Posted 1/15/18 11:34 PM |
| |
|
ohbaby08
Winter is Coming
Member since 10/07 1718 total posts
Name:
|
Unemployment question
You can not collect unemployment if you quit. If your boss agreed to lay you off, then you could collect.
This happened to me. My job was moving from LI to NYC and it did not work for my situation at the time. My supervisor needed to lay off 2 employees due to the move, so she made me one of those employees. Had I quit because the new location didn't work for me, I would not have been able to collect.
|
| Posted 1/16/18 12:52 PM |
| |
|
| Pages: [1] 2 3 |
