View Full Version : Unemployment

05-18-2004, 03:13 PM
I own a maid service in NY. One of my employees quit because she found a better job in another industry. I offered her a pay increase if she stayed. She declined. Then I receive a letter that she is filing for unemployment. I contacted my unemployment office to state she voluntarily quit for another job and they denied me. I think its unfair that I'm paying unemployment wages for an employee who voluntarily quits. I have appealed the decision. Any experience the same? Any helpful hints on how to appeal? :roll:

10-06-2005, 06:20 PM
I guess the lesson from this is to communicate in writing. For example, insist that employees tender a resignation letter when they leave. If they refuse, don't accept the verbal resignation: invoke a proper disciplinary procedure regarding their conduct (eg: failure to attend work).

11-10-2005, 12:31 PM
wow. Do you have any emails, etc from her that could give proof that you had a verbal agreement?

11-10-2005, 10:04 PM
I was always under the impression the previous employer took precedence in determining firing or voluntary departure, but that is in Illinois - maybe it is different in your state. You may want to contact your attorney for review/advice.

06-29-2006, 02:13 PM
Most states use the "base period" to determine which employer to charge for the claim. The base period is the last 4 complete quarters. Any employers that paid the employee during those 4 quarters would be eligible for the charges. So if the person worked for 2 companies during that time then the two companies would split the charges. It really doesn't seem fair but that is how the laws in most states are written. The same thing would happen if someone came to work for you for one day and then quit. You would not be charged for the unemployment and the prior employer would receive the charges. Let me know if you have any other questions.

01-21-2014, 09:02 PM
Weird, I don't know about where you live, but in Canada you can only file for unemployment if you are laid off. The employer has to send you an ROE (Record of employment) and then you would bring it to the unemployment office. If she quit.. then this is illegal on her part. You could definitely fight this and win without a doubt! Get in contact with a good lawyer is my advice! :)

01-22-2014, 12:09 AM
I always thought that you could only get unemployment if you were fired or laid off as someone mentioned before.
It may be different in every state, I'm not sure.
Anyone I know that collects unemployment checks has been fired. I don't think you can quit and draw one like that.

01-22-2014, 12:47 AM
I'm not sure if you can still get the unemployment benefits if you're fired unless you have the reason for that. Another things is that if an employee quits because she has found a better offer, then how do you know she has found a better job? There's an evidence that she won't be able to receive the employment benefits if she works for someone else in which she gets better paid. Plus, if someone quits and receives an unemployment benefit, you can either have to request a resignation letter or have some sort of a written document instead of verbal evidence, but then again people can quit whenever they want without letting you know. You do have the right to actually stating the persons quits to receive the unemployment benefits, otherwise, you should have to document that as a prove. I would talk to a lawyer about this because the person is probably doing something against the law or policy from the unemployment department.

01-22-2014, 02:22 AM
It appears from what you say that she may be committing fraud. She may have found a job that will pay her under the table, and she thinks she can get away with collecting unemployment benefits at the same time.
A worker is only eligible for benefits if they have lost employment through no fault of their own, AND they have paid into the system long enough to generate an award.
Fight it.

01-22-2014, 04:37 AM
wow. Do you have any emails, etc from her that could give proof that you had a verbal agreement?

I would also try to get hold of something that states she has quit herself.
If you don't have that, you should follow through on that appeal. If this goes to court, you will surely win. I just hope it doesn't go that far.

01-23-2014, 12:07 AM
Always do things in black and white. A verbal agreement won't help you when it comes to situation like this. I hope you figure this out soon and maybe you could talk to your former employee again about this.

01-23-2014, 12:39 AM
If you live in the U.S., you cannot claim unemployment benefits if you voluntarily quit your job. It's another story if you were laid off and was not fired for issues of insubordination. In those cases, you have a good chance of being eligible for unemployment benefits.

Also, you may be eligible for unemployment benefits in the case where you quit your job, if the specific state agency determines that you left due to a valid reason. It could be due to a hostile work environment (harassment, discrimination), non-payment of your services, or dangerous/bad working conditions with health and safety risks involved.

01-23-2014, 12:40 AM
Oh wow, I definitely don't think that you can do that!

Here in North Carolina, you can only get unemployment if you lost your job due to no fault of your own.

That's pretty crappy that she would do you that way if you ask me!

I would keep appealing it. Good luck...I hope things work out for you.

01-27-2014, 09:49 AM
To start, whenever an employee quits or is terminated you should always document it. Ideally you would have them sign a form stating that they quit if that's the case.

Since you don't have documentation in this particular case, the next best piece of evidence would be a witness to all or even part of the communication that took place with her. If you don't have a witness then it will be your word against hers.

Have you had previous experience with terminated employees filing for unemployment? A clean track record showing your compliance with the unemployment office may be helpful to you here. I have to say, it does sound like you're caught ebtween a rock and a hard place here, and I feel for you. Best of luck in getting this resolved.

04-06-2020, 08:21 AM
Unemployment is a common problem for our country. It especially influences people who face different kinds of discrimination. I mean, people of colour, women and LGBTQ+. Even they find work, they can face some offences or lower salary. In this case, they should get the help of lawyer. There is this service https://mosheslaw.com/laborandemployment/racial-discrimination-lawyer/ in New York City and I know they work well.