I gave a notice but did not resign. Can I file for unemployment benefits?

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) It is possible that you could be approved for unemployment benefits, but it depends on a number of factors, including the specific circumstances of your resignation and the laws of your state.

In general, you are eligible for unemployment benefits if you are involuntarily unemployed, which means that you lost your job through no fault of your own. If you resigned from your job, you may still be eligible for benefits if you can show that you were forced to resign due to a constructive discharge. Constructive discharge occurs when your employer makes your working conditions so intolerable that you have no choice but to quit.

In your case, it sounds like you may have been constructively discharged. The fact that your company was not paying its suppliers, creating a toxic workplace, and firing your customer service/in-house computer (IT) person could all be considered constructive discharge. However, it is important to note that the specific facts of your case will determine whether or not you are eligible for benefits.

If you believe that you may be eligible for unemployment benefits, you should contact your state’s unemployment office. They will be able to assess your situation and determine if you are eligible for benefits.

Here are some additional things to keep in mind when filing for unemployment benefits:

  • You must file your claim within a certain time frame after you lose your job. The deadline varies by state, so you should check with your state’s unemployment office to find out the deadline in your state.
  • You must be able to prove that you are unemployed through no fault of your own. This may require you to provide documentation, such as a letter from your former employer stating that you were laid off or fired for reasons beyond your control.
  • You must be able to work and be available for work. This means that you must be able to look for a job and be able to start work if you find a job.

If you are approved for unemployment benefits, you will receive a weekly payment. The amount of the payment will vary depending on your state and your earnings. In general, you can expect to receive a percentage of your weekly earnings, up to a certain maximum amount.

You will need to continue to file claims on a weekly basis in order to receive benefits. If you do not file a claim, you may not be able to receive benefits.

I hope this information is helpful. Please let me know if you have any other questions.

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