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Getting fired vs quitting regarding unemployment
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amother
Indigo


 

Post Wed, Jan 16 2019, 10:36 am
I'm very unhappy with my job and I want to quit. My boss won't fire me. I would like to take a break and collect unemployment. My understanding is that if I quit then I'm not eligible. Can I force his hand to fire me? Show up late, leave early, do poor work? Any guidance with this appreciated.
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nchr




 
 
    
 

Post Wed, Jan 16 2019, 10:39 am
No. Unemployment is for people who were laid off or occasionally fired but not because of their poor conduct. Showing up late intentionally to be fired is poor conduct and would deem you ineligible. Also, if you quit with good reason (harrassment etc) you may also be entitled to unemployment .

Last edited by nchr on Wed, Jan 16 2019, 10:40 am; edited 1 time in total
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amother
Pink


 

Post Wed, Jan 16 2019, 10:40 am
amother wrote:
I'm very unhappy with my job and I want to quit. My boss won't fire me. I would like to take a break and collect unemployment. My understanding is that if I quit then I'm not eligible. Can I force his hand to fire me? Show up late, leave early, do poor work? Any guidance with this appreciated.


If you're fired for cause, you're not entitled to unemployment. "Cause" is pretty harsh, though, so you may get away with it.

But honestly, why do you think that your boss and the taxpayers should pay you for a while because you want to take a break. Have you asked your rabbi if you may do this?
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amother
Jetblack


 

Post Wed, Jan 16 2019, 10:40 am
Are you willing to take the risk that your claim would be denied?
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watergirl




 
 
    
 

Post Wed, Jan 16 2019, 10:42 am
Besides for the ethics that were already mentioned, unemployment is only 60% of your salary. Not sure you have all of the info.
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ShishKabob




 
 
    
 

Post Wed, Jan 16 2019, 10:43 am
I don't think it hurts the taxpayer at all. I think the boss gets the brunt of the burden. I don't think it'll work to file if you quit. They always send a questionnaire to the employer to verify the reason why you are not working there anymore.
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amother
Pink


 

Post Wed, Jan 16 2019, 10:46 am
ShishKabob wrote:
I don't think it hurts the taxpayer at all. I think the boss gets the brunt of the burden. I don't think it'll work to file if you quit. They always send a questionnaire to the employer to verify the reason why you are not working there anymore.


It comes out of unemployment taxes. The amount of unemployment tax an employer pays goes up when former workers file for unemployment, but its not an equivalency of Employer Pays All.

BTW, I was anonymous earlier, although I didn't mean to be, so I'll just keep it up so I don't present 2 profiles here.
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watergirl




 
 
    
 

Post Wed, Jan 16 2019, 10:49 am
Re: what I put in bold below - Dh was laid off and was eligible to collect unemployment. He started the process but was immediatly sent a list of job interviews by the state we lived in that were supposed to be along his career path. They were literally job interviews at McDonalds. He was a teacher. And the requirement was to go to a certain number of them a month or you lose the unemployment. He got off unemployment within the hour.

https://www.nolo.com/legal-enc.....yment

Unemployment benefits are available to employees in every state who are out of work through no fault of their own. In most states, workers are eligible for unemployment benefits if their earnings meet certain minimum thresholds in terms of hours or wages; and if they were laid off, quit for good cause, or were fired for anything other than misconduct. States typically require that applicants be actively searching to find a suitable job. Each state has its own rules for determining eligibility, calculating the amount and duration of benefits, and appealing denials of benefits.

Unemployment benefits are typically paid on a weekly basis, at a certain percentage of your past earnings, for a set period of time (usually up to 26 weeks).

This page will help you determine whether you are eligible for benefits, how to file a claim for unemployment, how to calculate your weekly benefit amount, and how to challenge a denial of benefits. You will also find links to your state’s unemployment agency, forms, and benefit calculators.


https://www.themuse.com/advice.....yment

Are You Eligible for Unemployment?
According to the Department of Labor, you need to meet two criteria to qualify for unemployment:

You are unemployed through no fault of your own: That means you are out of a job due to reasons beyond your control, like a layoff. So, if you quit your job or are fired for gross misconduct, you’re not eligible. “Gross misconduct” is a vague term, but generally refers to illegal or dangerous acts committed in the workplace, like stealing from your employer.
You meet your state’s requirements for time worked or wages earned: Every state has different rules. For example, New York requires you to have worked in at least two calendar quarters of your “base period” (generally that just means the year before), be paid at least $1,600 in wages in one of those quarters, and during that period made a total of at least 1.5 times the amount you made in your highest-paid quarter that year. Complicated, right? Fear not: If you had a solid, long-term job that you lost, you probably meet your state’s minimum time and wage requirements. You can learn about your state's rules at CareerOneStop.
You also need to be actively looking for a new job, so those who head back to school full time won’t be able to collect because they’re no longer actively job-searching. Nonetheless, if you’re seeking training in a high-demand field, some states (like Washington and Oregon) have allowances that let you receive additional weeks of unemployment benefits without looking for work, as long as you’re enrolled and making satisfactory progress in your training program.

One thing to note: Contract laborers don’t qualify for unemployment because their employers didn’t pay unemployment taxes when they were working.

What to Know When You File for Unemployment
Exact details vary by state. Some states require waiting periods, in which you need to be unemployed for a certain amount of time before you can collect benefits. Often, this is a week, so the second week you claim is the first week you’ll get paid for. The maximum benefit you can receive will also vary by state, and so will the formula for how those benefits are calculated. Keep in mind that severance pay or vacation time at the end of your job can delay when you begin receiving benefits.

Regardless, Sanborn says that newly laid-off people should file as soon as possible. “Don’t wait until you think you qualify,” she says. “It can be such a hassle and such a long, drawn-out process that the sooner you start, the better.”

To apply, contact the unemployment insurance agency in your state of residence or past employment. If you lived and worked in different states, Sanborn says you can choose which state to draw benefits from, so it’s worth “shopping around.” Depending on the state, you can file a claim online, by phone, or in person.

To prevent delays, make sure the details you provide about your former job (dates of employment, company address, and so on) are accurate. And if your claim is denied, you have the right to appeal.

Making Sure You Hang on to Those Benefits
While collecting unemployment, you are required to file weekly or biweekly claims detailing your job hunt, job offers, earnings from part-time work, and any times you’ve refused work (and why).

There’s no one set path for all unemployed people because requirements vary by state, but there’s a good chance you’ll have to attend in-person meetings to update the unemployment agency on the progress of your job search. You also might be encouraged to attend training sessions to help you increase your job prospects.

“It’s not easy to stay on unemployment,” Sanborn says. “You have to go to a lot of in-person meetings and career training sessions on finding a job or updating a resume.” If you don’t report to your unemployment office for a check-in when you’re supposed to, you could lose your benefits. “Usually you have to submit a list of applications and put down the name and phone number in case they check in on it,” Sanborn notes. “But the biggest hassle is that you do need to keep going to those meetings.”

While collecting unemployment, keep in mind that your benefits are subject to federal income taxes and you need to report them on your federal tax return. If you want, you can choose to have the tax withheld by your State Unemployment Insurance agency.


Last edited by watergirl on Wed, Jan 16 2019, 10:52 am; edited 1 time in total
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ShishKabob




 
 
    
 

Post Wed, Jan 16 2019, 10:49 am
Who do you think pays the unemployment taxes? the employer. Even if it takes him years to pay off the hole that they employee made by filing for unemployment.
I would love to know the ratio of what the employer pays and what the taxpayer pays. I really want to know if you have that info. Thanks
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amother
Jetblack


 

Post Wed, Jan 16 2019, 11:11 am
ShishKabob wrote:
Who do you think pays the unemployment taxes? the employer. Even if it takes him years to pay off the hole that they employee made by filing for unemployment.
I would love to know the ratio of what the employer pays and what the taxpayer pays. I really want to know if you have that info. Thanks


Some states employees pay into unemployment taxes too.

Employers also have the option at the state level (in most states) to make a lump payment to keep their unemployment rate down - basically to pay back the unemployment claim payout by the former employee. Not sure if its dollar for dollar what was paid out - but the option is there.
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amother
Ginger


 

Post Wed, Jan 16 2019, 11:58 am
I quit when my work environment became to hostile. My unemployment claim was denied.
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mha3484




 
 
    
 

Post Wed, Jan 16 2019, 12:03 pm
I stuck out a horrible work environment for a year before things got to a point where it was no longer something I could do anymore. It was this murky line between getting fired and quitting so I did file for unemployment but I had to fight for it and it only lasted for half a year.
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amother
Indigo


 

Post Wed, Jan 16 2019, 12:17 pm
mha3484 wrote:
I stuck out a horrible work environment for a year before things got to a point where it was no longer something I could do anymore. It was this murky line between getting fired and quitting so I did file for unemployment but I had to fight for it and it only lasted for half a year.



OP. I have a very hostile work environment as well. I have emails that I've sent to HR the past few years that could serve to document my claims. What exactly do you mean that you "had to fight for it"? Was it costly? Time consuming? What was involved?
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mha3484




 
 
    
 

Post Wed, Jan 16 2019, 12:20 pm
I filed my claim, my former employer appealed to the state (IL) explaining why they felt they should not have to pay, I had to have an interview where they asked me a billion questions and then I had to wait until a decision was made.
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amother
Pink


 

Post Wed, Jan 16 2019, 12:23 pm
amother wrote:
OP. I have a very hostile work environment as well. I have emails that I've sent to HR the past few years that could serve to document my claims. What exactly do you mean that you "had to fight for it"? Was it costly? Time consuming? What was involved?


You should understand what it means to work in a "hostile work environment."

See, eg, https://www.thebalancecareers......19363
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amother
Peach


 

Post Wed, Apr 17 2019, 3:49 am
mha3484 wrote:
I filed my claim, my former employer appealed to the state (IL) explaining why they felt they should not have to pay, I had to have an interview where they asked me a billion questions and then I had to wait until a decision was made.


Old post ,I know. Did you get your unemployment approved?
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amother
Indigo


 

Post Wed, Apr 17 2019, 4:20 am
amother [ Peach ] wrote:
Old post ,I know. Did you get your unemployment approved?


Bh changes were made and some of my concerns were resolved. I didn't end up quitting and I'm not considering it now.
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amother
Vermilion


 

Post Wed, Apr 17 2019, 5:22 am
amother [ Indigo ] wrote:
Bh changes were made and some of my concerns were resolved. I didn't end up quitting and I'm not considering it now.


You can always give your reasons why you quit.

I worked for a law firm and the secretary repeatedly did hostile things. She left early, came in late, screamed at the partners in front of clients trying to get fired.

When her pay was docked, she quit. She ended up with unemployment even though the attorneys fought her and appealed the decision.
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amother
Plum


 

Post Wed, Apr 17 2019, 5:52 am
Dear OP

I just got out of a horrible job situation. My boss sometimes texted in the middle of the night, on Sundays etc. She yelled at us if we didn't do exactly as she said.

I looked for a new job and then quit the one I had.

You don't have to be unemployed to look for a new job.
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Amarante




 
 
    
 

Post Wed, Apr 17 2019, 7:25 am
I was on the Board of Directors for my condo which had a relatively large staff since it is a large full service building and so I dealt with employment issues.

Taxpayers do not pay unemployment as it is funded by a tax on every employer.

In general, if you are fired, you can collect unemployment even if you were a crummy employee - bad work product; low output etc. That is because employers have to go through hoops in order to prove that they followed necessary procedures - gave warnings; kept great records of their meetings with the employer regarding issues. There also needs to be an employee handbook so it is very clear what procedures are. So, in my experience, even if we fired someone because they weren't a great employee, we didn't bother to fight their unemployment benefits because it simply wasn't worth the trouble - it is not a dollar for dollar amount that the employer pays - it's insurance.

The more frustrating scam that our employees would do when fired was to immediately file a workman's comp claim - they were always successful.

This is not advice to act in an unethical manner to claim benefits when not entitled to it. Because the ethics, one's job history can follow one, so it can wind up hurting someone in the future if they are fired for "cause"
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