Effects of "cooling off period" on unemployment (collecting, apply, work)
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This is for the state of Missouri. My public sector employer has a cooling off ordinance (not a non-compete agreement) in place that bars employers in my region from employing me in my field for 12 months if I resign, am laid off or terminated.
Assuming I was laid off or resigned for a valid reason, would I be eligible for unemployment when I am unable to accept suitable work in my field due to the cooling off ordinance? Or could I simply seek work outside of my field and remain eligible for UI?
First, verify the legality of that non compete. In CA, where I am, they are illegal and often are illegal if you would be barred from employment in your field. So, I would start there...
Second to the above, just because some one tells you you can't work in your field because of some agreement, that doesn't mean that they are willing to do what it takes to enforce it. They'd have to sue you, and that costs money, and with legal issues there is always an element of uncertainty.
I'd would personally not hessitate to accept work against a noncompete agreement, and let them take me to court, and I'd make myself scares so that I never got served.
Thing is, you may or may not get hired anyway, so don't let that stop you from collecting your unemployment, and looking for the kind of work you want to do.
First, verify the legality of that non compete. In CA, where I am, they are illegal and often are illegal if you would be barred from employment in your field. So, I would start there...
It's not a non-compete. It's an ordinance. I can be charged with a misdemeanor for violating it, and my new employer would be disqualified as a public vendor (which would be extremely costly in my field) and fined a considerable amount. I already talked to a lawyer about it, and fighting it in court would be difficult (since I would be trying to overturn an ordinance, not just a contract) and probably take much longer than 12 months. Missouri also tends to be very friendly to employment restrictions, especially when there is a public interest (in this case, preventing revolving door corruption).
I don't think being charged with a criminal ethics violation would help my employment prospects any, so I really would not be interested in challenging the ordinance.
Assuming I was laid off or resigned for a valid reason, would I be eligible for unemployment when I am unable to accept suitable work in my field due to the cooling off ordinance? Or could I simply seek work outside of my field and remain eligible for UI?
The states don't insist you look only for suitable work, Rather, they examine "suitable work" as a 'valid' justification for a job refusal. Because you are precluded from looking for work in your field, you are somewhat disadvantaged by the noncompete in refusing "unsuitable work," but that still doesn't mean work outside your field could not be deemed unsuitable for one reason or another.
Further, given you are precluded from looking for work in your field - and, frankly, from your description - ferreting out "revolving door corruption" - one has to wonder how many such jobs are actually available in your area.
You will be forced most probably, just from a practical standpoint, to search outside your field. Also, the longer you are unemployed, the less latitude you are given for restricting yourself to "suitable work" in your field. Some states insist you take any job offered at anytime from day one. Others frown on job refusals for any reason after three months. So, be careful about where you are submitting applications. Doing a quick search, I can't find anything in MO law or on its website which even defines suitable work. You may want to search further, here:
Although MO recognizes "suitable work" as a basis for a job refusal, it shouldn't deny your application for benefits because you are legally precluded from accepting work in your field. It is unlikely they would even know of this restriction unless your former employer contests your benefits and discloses you cannot work in your field for one year. At which point, clearly, it would be obvious you will need to find employment outside your field. But, just because you cannot work in your field does not make you completely unemployable.
If you are let go, of course, apply for benefits. I doubt MO can legally deny benefits because of the noncompete. They will, instead, require you broaden your job search.
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