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nikbenwp
Feb 17, 2010, 01:00 PM
I recently quit my job, instead of getting fired, so I could work for the same company in the summer.( Different property) I was going to get fired, but asked my boss if I could put my two weeks in and save face with the company, he agreed and after a couple days told me not to come back that they would pay me for the rest of the month.
So since then I have applied for unemployment insurance, and knowing that quitting a job or even getting fired is hard to get unemployment benefits, but without them I will not survive for the next 2.5 months until my next job starts.
Do you think going to my old employer and explaining my dilema would help or not? Where I live is a resort town so in a month the whole town basically shuts down so no one is hiring, especially with the lack of snow we have had this year, and the unemployemnt judicater agreed with that, anyway any advice is appreciated.
Thanks

smoothy
Feb 17, 2010, 01:11 PM
From personal experience.. its exceptionally difficult to quit a job and then collect both... and not without a court hearing to determine eligibility.

And generally the two things that will make you ineligible typically is Quiting... or being fired (not laid off, don't confuse the two, they aren't the same).

They can ague and win against payment after firing for many reasons from theft, insubordination and others.

And it is possible to win if they refuse to pay if you quit voluntarily. But I have only seen this once and it there were very compelling extenuating circumstances. I know because I did it. However my case was nothing at all like yours. I had Federal mandates (family related, no I won't detail them) to meet that required me to leave the job and relocate to process. The court agreed with my case that I had no available alternative so I was able to collect my unemployment even though I quit.

What you should have done was get them to lay you off... as a seasonal hire that's common. Many employers do that rather than have to deal with the potiential of the possibility of a defamation suit related to a FIRED blemish on the record. Yeah it's a stretch... but many do it to quietly just to get you out of their hair with as little drama as possible. Particularly if the job is a skilled trade or requires specialized training or experience. Not jobs that only require a warm body that can show up on time. For those the harsher treatment isn't unusual.