Lawyers: Rules surrounding unemployment pay?

I have never filed for unemployment, so I'm clueless what the rules surrounding it are. I'm thinking that I may no longer be working my current job in the next couple months, and want to make sure I receive it so I can do some traveling.

Obviously, if you voluntarily stop working somewhere, you forfeit the right to receive it. However, what are the rules beyond this? If I were to miss production goals for a couple months in a row causing termination, they would still have to pay it, right? Or if they "offered" me a lesser position with the company on the way being pushed out the door(which is subsequently turned down), would this allow them a reason to deny it?

Frankly, I kinda think unemployment is a sham to begin with, but I really would like to milk this company for everything I can because they're such a bunch of scumbags.

Just do what responsible grown ups do and get another job you fucking democrat!

tTy wrote:Just do what responsible grown ups do and get another job you fucking democrat!

Obviously I'm going to get another job after a little while, but I've been working 65+ hour weeks for the past two years, and have only taken two weekend vacations and used a grand total of two vacation days. This is not your typical 9-5 with substantial break/relaxation time. I'm going to need at least 3-4 weeks overseas to decompress.

You are probably 1) single. 2) no kids. 3) loaded with cash because = 1 & 2, and 4) sounds like you're pretty fucking lazy.

you are preaching to the choir asshole. Get a fucking job and make something of yourself. Otherwise, go decompress overseas and don't fucking come back.

#Merica

tTy wrote:You are probably 1) single. 2) no kids. 3) loaded with cash because = 1 & 2, and 4) sounds like you're pretty fucking lazy.

you are preaching to the choir asshole. Get a fucking job and make something of yourself. Otherwise, go decompress overseas and don't fucking come back.

#Merica

You are correct with your assumptions, but I certainly plan on "making something of myself" once I get myself back to where I'm not a zombie going through the motions.

Back on topic though.....

Can anyone offer insight? Even non legal minds who have been on unemployment could probably assist here....

Kill yourself Nucky.

Ok really don't do that. Just sue Dan Gilbert.

Marc Summers wrote:

You are correct with your assumptions, but I certainly plan on "making something of myself" once I get myself back to where I'm not a zombie going through the motions.

Back on topic though.....

Can anyone offer insight? Even non legal minds who have been on unemployment could probably assist here....

I fucking KNEW you were a democrat.

I deal with unemployment a little bit. You are correct that voluntarily leaving (assuming employer is not at fault) will disqualify you for receiving unemployment benefits. If you were terminated for not meeting quotas, you would be eligible for unemployment unless your termination was due to misconduct in connection with the work (Section 29(1)(b)). In other words your actions would have to be intentional. If you are offered a "lesser" role with the company, it depends if the position is a "suitable" position. More than likely refusing the position will not result in a denial, although a lot of factors need to be looked at.

James Dean wrote:I deal with unemployment a little bit. You are correct that voluntarily leaving (assuming employer is not at fault) will disqualify you for receiving unemployment benefits. If you were terminated for not meeting quotas, you would be eligible for unemployment unless your termination was due to misconduct in connection with the work (Section 29(1)(b)). In other words your actions would have to be intentional. If you are offered a "lesser" role with the company, it depends if the position is a "suitable" position. More than likely refusing the position will not result in a denial, although a lot of factors need to be looked at.

Alright, well it sounds like there is a lot up for interpretation. Still though, I should be in good shape.

I wouldn't terminate you for missing goals.. I would cut your pay and pay you what you are worth until you left.

Some call this a constructive discharge and it would be illegal if you weren't underperforming, intentionally.

Marc Summers wrote:I have never filed for unemployment, so I'm clueless what the rules surrounding it are. I'm thinking that I may no longer be working my current job in the next couple months, and want to make sure I receive it so I can do some traveling.

Obviously, if you voluntarily stop working somewhere, you forfeit the right to receive it. However, what are the rules beyond this? If I were to miss production goals for a couple months in a row causing termination, they would still have to pay it, right? Or if they "offered" me a lesser position with the company on the way being pushed out the door(which is subsequently turned down), would this allow them a reason to deny it?

Frankly, I kinda think unemployment is a sham to begin with, but I really would like to milk this company for everything I can because they're such a bunch of scumbags.

I believe you can still receive it if you leave voluntarily under duress.

James Dean wrote:I deal with unemployment a little bit. You are correct that voluntarily leaving (assuming employer is not at fault) will disqualify you for receiving unemployment benefits. If you were terminated for not meeting quotas, you would be eligible for unemployment unless your termination was due to misconduct in connection with the work (Section 29(1)(b)). In other words your actions would have to be intentional. If you are offered a "lesser" role with the company, it depends if the position is a "suitable" position. More than likely refusing the position will not result in a denial, although a lot of factors need to be looked at.

Also most companies won't go to court. They'll deny, you appeal, court date gets set, company agrees to pay.

Marc Summers wrote:I have never filed for unemployment, so I'm clueless what the rules surrounding it are. I'm thinking that I may no longer be working my current job in the next couple months, and want to make sure I receive it so I can do some traveling.

Obviously, if you voluntarily stop working somewhere, you forfeit the right to receive it. However, what are the rules beyond this? If I were to miss production goals for a couple months in a row causing termination, they would still have to pay it, right? Or if they "offered" me a lesser position with the company on the way being pushed out the door(which is subsequently turned down), would this allow them a reason to deny it?

Frankly, I kinda think unemployment is a sham to begin with, but I really would like to milk this company for everything I can because they're such a bunch of scumbags.

You should join the 40 million people who are sucking the life out of this once great Country and also apply for food, rent, medicaid etc....

tTito wrote:

You should join the 40 million people who are sucking the life out of this once great Country and also apply for food, rent, medicaid etc....

Haha, I've paid over $60k the last two years in taxes, and eat 95% of my meals out, so a leech on society I am not. Also, I don't have any time to use the public services that I'm paying for.

Marc Summers wrote:

Haha, I've paid over $60k the last two years in taxes, and eat 95% of my meals out, so a leech on society I am not. Also, I don't have any time to use the public services that I'm paying for.

  The baller alarm is going off... Why would you care about the $1300/mo UIA pays out?

Two Star At Best wrote:

  The baller alarm is going off... Why would you care about the $1300/mo UIA pays out?

Absolutely. That would caver all of my expenses.

Two Star At Best wrote:

  The baller alarm is going off... Why would you care about the $1300/mo UIA pays out?

Absolutely. That would cover all of my expenses.

So you've been "putting up" with this well paying job for 2 years and taken no vacation to speak of why?

Did they tell you the hours incorrectly when you hired on? Did they tell you the vacation allowances? Did they tell you something other than the production "goals" or quotas you aren't meeting? I guess I don't get the problem here, nor understand why you'd not just move to a different job.

And yeah, you "have to have" 3-4 WEEKS ABROAD to decompress? Umm Dude, Unemployment is not $ for you to be able to go fucking Club Med after you get laid off or your quitting..

What is so hurt that wouldn't take a couple days to relax? Is your brain damaged or something? Between this and "I need to milk this company" talk, I'm sorry, I'm leaning toward Tty here..something stinks.

I'm in a similar situation at my place, though not quite to your extent. My boss is a manhating nitpicking bitch who created a system to do the job in that you can't possibly do everything in a given day and do a good job, then nitpicks you to death when minor errors are made.

My question is, how hard is it to get a job after having been fired for ' under performance'? Currently looking for a new job but I don't know if I will find one fast enough. Would it bebetter to quit, sacrificing unemployment, for longer term job prospects?

If only there were places to go on the internets that go over unemployment eligibility in great detail...

Every man has the ability to carry out his life as he wishes. I commend you for taking unemployment. It takes courage. In a utopia everybody would be on unemployment and it would entirely satisfying. The smartest of men are those that refuse to live out their days under slave labor.

Unemployment is the advancement of society towards its goal. The freedom to live as you want.

  Also don't listen to the idiots above me. They know absolutely nothing about the world. Go on unemployment for as long as you want to. I would suggest 10 years personally.

It's free after all.

Marc Summers wrote:

Haha, I've paid over $60k the last two years in taxes, and eat 95% of my meals out, so a leech on society I am not. Also, I don't have any time to use the public services that I'm paying for.

You eat out 95% of the time? You fat bro?

Watch Out Pylon! wrote:

You eat out 95% of the time? You fat bro?

Nope, almost none of it is fast food. Mostly protein and vegetables.