Q) I tendered my resignation 12-3-18 because the company I was working for was not paying our suppliers and the situation was affecting my division adversely and creating a toxic workplace. My company then fired our customer service/ in house computer ( IT) person so I agreed to stay on until things stabilized and management could come form New York to further evaluate the situation. I received an email the end of January 2019 telling me that my last day was January 31st and that I would receive my final check on February 15th that would include payment for my accrued but unused paid time off. A few days later the RADGroup filed chapter 11 bankruptcy and I was advised that I was going to lose approximately $5000.00 in unused vacation due to bankruptcy limitations. The company had already temporarily reduced my salary by approximately 12% for six months in 2018 to help with liquidity of the company. Technically I gave a notice but did not resign due to the circumstances described in this email. Can I file for unemployment benefits and be approved?
A) If you have resigned from your job you do not qualify for unemployment benefits. 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.
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