[rparker89122]

I have been asked by my employer to find another job after 10 years. They don't like my attitude. Question is, will I be able to collect unemployment benefits. I don't trust my boss and need to know what to do. They have me down for my last day, 2 weeks from now. Firts my boss said the reason for my termination would be "downsizing". After he talked to our Human Resources department he told me they could not say I was let go due to downsizing. So if I volunteer to leave my job per their wishes will I still be able to collect benefits????

[aqualung8705]

I don't know Nevada law, but in general if you quit, you can't collect unemployment. Personally, I wouldn't give them the satisfation. Let them fire you, so you can collect your benefits.

[BUGBULLY]

Yep, you need to be laid off or they fire you. If you quit you will have a big fight on your hands to be able to claim un-employment.

[Jesse69]

And some companies try to ********* into not getting unemployment too.

[unemployment]

Some companies to avoid the expense of dealing with unemployment claims will actively help with "outplacement", which is basically helping you get some other job.

If you are let go for "downsizing" you are probably eligible (states vary widely) but if you quit, probably not, unless you quit for very specific reasons (i.e. preventing domestic abuse, etc - which require documentation).

Good luck!

Tom
Unemployment Benefits Assistance Program Guide & Resouces

[Buzz123]

Originally Posted by rparker89122

I have been asked by my employer to find another job after 10 years. They don't like my attitude. Question is, will I be able to collect unemployment benefits. I don't trust my boss and need to know what to do. They have me down for my last day, 2 weeks from now. First my boss said the reason for my termination would be "downsizing". After he talked to our Human Resources department he told me they could not say I was let go due to downsizing. So if I volunteer to leave my job per their wishes will I still be able to collect benefits????

In working for the State of Nevada Employment Security Department for 14 years, not once had I ever heard anyone give correct information to someone, but everyone you ask will have an opinion. NEVER ask your friends or relatives about unemployment. You will cheat yourself out of your benefits EVERY TIME...believe me. I repeat...NEVER have I ever heard anyone give the correct answers. NOT ONCE. In fact, you can only depend on about 80% of the State employees in the unemployment office to give you the correct information. But it is so bad that we would not allow someone to bring a friend or relative as their "lawyer" when they filed for benefits. The other person ALWAYS starts a fight with the claims taker and gets the claimant in trouble. AND THEY ARE ALWAYS FIGHTING OVER NOTHING, AND THEY ARE ALWAYS WRONG.

The first thing to remember is never quit no matter what your employer says. Chances are they want to trick you into quitting in hopes you won't be able to collect unemployment benefits. I can't tell you how many times I've heard someone say they quit because they were getting laid off anyway. Since they didn't stick around to get laid off, and they quit, they can't collect unemployment. Wait until they let you go, then file your claim. It is treated as a layoff.

The other thing to remember is that your employer knows even less about unemployment and will tell you anything to try to keep you from filing your claim because they don't want it to go against them. Nothing they ever tell you is true either.

So now that I have your attention, listen up. I will also PM this to you to make sure you get it.

IF what you say is correct and that's all there is to it, you PROBABLY will be eligible for unemployment. The unemployment laws are complicated, but generally here are the facts. To file for unemployment you must be unemployed first of all. To COLLECT unemployment you must be unemployed through no fault of your own. If there is misconduct and they are firing you they will let you go on the spot. If they tell you in advance that they are going to let you go at some other time in the future, then they are laying you off, no matter what they want to call it. It's what the law calls it that counts. So stick with it until the last day they gave you, then file right away (or at least the following week, depending on what day they let you go. If you get laid off after you've worked a few days that week then chances are you already made more than your unemployment for that week. An unemployment week is Sunday thru Saturday). They might delay your first few checks by saying they fired you, but the adjudicator will take these facts and should rule in your favor. Just keep filing weekly claims. It might take three weeks or more to get an answer. But if these facts are true and you tell them what happened when you file you will probably get your checks right away. IF these are the facts, when you file (probably by filling out a form on line) it will give you the choices of "Fired", "Quit" or "Laid Off". Check laid off. I haven't been on that site for over three years, but I think there is a place to explain BRIEFLY. DO NOT say anything about your attitude. That's up to them to try and contest the claim and if you say anything that runs up a red flag the claim will be delayed. If you file by phone, just tell the claimstaker that they told you two weeks ago they were downsizing and gave you your last day of work two weeks ago.

There are two sides to every story and I also never believe the claimant, so you may be denied if it isn't just as you stated. But the fact is they have to fire you right away when they tell you they are letting you go, otherwise it is treated as a lay off. If you can, GET IT IN WRITING from the employer, but don't make them mad enough to fire you on the spot, although I think they already shot themselves in the foot by announcing it. By the way, they can call it anything they want and since the boss already used the term downsizing it's too late for them to take it back, and good for you.

BUT DO NOT QUIT!!! And be sure and go to work on that last day and put in a full shift.