Unemployment Questions- Does Anyone Know?

[DVC2004]

My friend lost her job earlier this year due to the economy. She was out of work for a few months and actively looking while receiving benefits. She took a job recently at a place that has turned out to be not what it was presented as. If she quit, she would not be able to get unemployment benefits right? She has had to call in sick for a few times and said they were threatening in tone when she did. She said there is nothing in writing on company policy re: sick days. I have been advising her to hold out until she can find another job.

[It'sWDW4me]

She'd really have to be able to provide documentation and/or witnesses as evidence of a "hostile work environment". Unfortunately, she'll probably just have to tough it out until she can find something else.

I worked for an ogre for three years (Aug 2003-June 2006) before I was able to find a better job with a decent salary. This guy was so controlling that he tried to push his political agenda (he wanted to place paperwork supporting one party and slamming the other in with our paychecks and was ticked off when our one and only HR person told him he couldn't do that!) and eating habits (tried to push an edict that we were allowed to eat only certain things at our desk - i.e. we could eat a tofu burger but not a hamburger, apples but not fries). Guy was a nutcase but I'm a single mom and had to have some way to pay the bills.

Your friend will most likely need to keep her head down below the radar but keep an eye open for something else. Good luck!

[ozmom]

Each state may vary, but in California typically if you have a job available then you would not be able to collect.

There are always exceptions but for the most part she will probably not be able to collect benefits. Probably didn't help you much but it would most likely be best for her to look for other employment at this time while still working.

[Ian]

It does vary state by state, but as far as I know pretty much all states require your former employer to approve your claim and they typically will not do that unless you were legitimately downsized, laid off, etc.

It's highly unlikely, given what you explained, that her current employer would approve her claim.

Also, re: the sick time and being threatening in tone and all that ... probably irrelevant. Even if she did try and bring some kind of legal action against them for it, A. it would probably fail because you have to be able to show some kind of pattern of discrimination (i.e. proof that they do this kind of thing as a matter of course) and most states have at-will employment anyway and B. it would take years for any kind of settlement to be reached if she ever saw any money at all (less than 1% chance).

She should definitely stay with her current employer until she finds something else. First and foremost, it's much easier to get another job when you're still working. Not to mention that she'd be out on a financial limb with no income.

And, honestly, playing Devil's Advocate for a minute here, it's generally accepted that (unless you're at Death's door) you don't call out sick from a new job for at least the first 90 days. Calling out sick "a few times" in the first couple months of a new job is pretty much always going to ding your reputation.

[Georgesgirl1]

I'm pretty sure you have to be laid off to get unemployment unless there is some provision that I don't know about.

[DVC2004]

It does vary state by state, but as far as I know pretty much all states require your former employer to approve your claim and they typically will not do that unless you were legitimately downsized, laid off, etc.

It's highly unlikely, given what you explained, that her current employer would approve her claim.

Also, re: the sick time and being threatening in tone and all that ... probably irrelevant. Even if she did try and bring some kind of legal action against them for it, A. it would probably fail because you have to be able to show some kind of pattern of discrimination (i.e. proof that they do this kind of thing as a matter of course) and most states have at-will employment anyway and B. it would take years for any kind of settlement to be reached if she ever saw any money at all (less than 1% chance).

She should definitely stay with her current employer until she finds something else. First and foremost, it's much easier to get another job when you're still working. Not to mention that she'd be out on a financial limb with no income.

And, honestly, playing Devil's Advocate for a minute here, it's generally accepted that (unless you're at Death's door) you don't call out sick from a new job for at least the first 90 days. Calling out sick "a few times" in the first couple months of a new job is pretty much always going to ding your reputation.

I think what she is asking would be if she were to be fired for missing time (calling in sick, not no call/no show)- would she be able to collect unemployment? She didn't mention lawsuit so I don't think that is what she is thinking. Probably not?

Either way, I agree. She is putting out applications as I advised.

[AHOTE]

Requlations and requirements differ from state to state. There's all the information she'll need on the Illinois Unemployment website including phone numbers where she can call for clarification based on her situation.

[Ian]

I think what she is asking would be if she were to be fired for missing time (calling in sick, not no call/no show)- would she be able to collect unemployment?

Oh sorry ... I re-read your post and saw you weren't the one who mentioned litigation. It was actually someone else who had responded. My bad!

Either way, though, if she's fired for cause she still can't collect UE.

[PAYROLL PRINCESS]

That's not necessarily true Ian. I just had a former employee who was fired for stealing stuff and it's on camera and he got approved for unemployment?!?!?! They said he didn't know it was wrong! This is after he signed the work rules saying that stealing company property will get you fired and signing for the employee handbook that says basically the same thing. The Unemployment office said it doesn't go by company policy? You have to be joking!!
If the employee can prove they have just cause for quitting, they stand a good chance of collecting at least here in MA. But there is no guarantee.
We've also written employees up for excessive absenteeism with warning that continuing to call in may lead to termination (which is also in the handbook) and the UI office said that they must have had good reason for being out and approved them too.

I feel like they'll approve anyone for anything now because they are short handed and don't want to have to research or enforce policies. But that's just my two cents.