Unemployment Claim (employee, employer, job, company)

[Forum_Newbie]

I was reading another thread where the OP was told to not bother filing an unemployment claim as per the policy of the company.

Is that legal? Can a business prohibit someone from filing a claim?

[2nd trick op]

Originally Posted by Forum_Newbie

I was reading another thread where the OP was told to not bother filing an unemployment claim as per the policy of the company.

Is that legal? Can a business prohibit someone from filing a claim?

No one can prevent anyone from filing a clam; the only question is whether the claim is a valid one under the law.

Anyone who loses his/her job "through no fault or action of his/her own" is eligible for Unemployment; that generally translates to proving that you did not voluntarily quit and weren't fired for "willful misconduct". If you were fired for misconduct, the employer usually has to have proof in the form of written disciplinary action.

File a claim if you think you qualify; the employer then has a short period of time in which to respond and contest it, if he/she thinks he/she has a case.
if the employer does contest the claim, you'll probably have to go to a hearing.

[Shinedou]

Originally Posted by 2nd trick op

No one can prevent anyone from filing a clam; the only question is whether the claim is a valid one under the law.

Anyone who loses his/her job "through no fault or action of his/her own" is eligible for Unemployment; that generally translates to proving that you did not voluntarily quit and weren't fired for "willful misconduct". If you were fired for misconduct, the employer usually has to have proof in the form of written disciplinary action.

File a claim if you think you qualify; the employer then has a short period of time in which to respond and contest it, if he/she thinks he/she has a case.
if the employer does contest the claim, you'll probably have to go to a hearing.

Concerning the voluntary quit part; if you resign because you know you are about to be fired due to no fault or action of your own then you should still be eligible for unemployment.

[Rabrrita]

No company can force an employee to give up a legal right they possess. Now, don't confuse this with a mutual agreement.

If your company is willing to give you a severance or a glowing recommendation, or 10 minutes to grab what you can from the supply room in exchange for not filing an unemployment claim, that is a mutual agreement between you two. However, you can still file the claim and a determination will be made just like any other claim. Your former employer would now be free to sue you in court for violating the agreement.

[johnp292]

Originally Posted by Rabrrita

No company can force an employee to give up a legal right they possess. Now, don't confuse this with a mutual agreement.

If your company is willing to give you a severance or a glowing recommendation, or 10 minutes to grab what you can from the supply room in exchange for not filing an unemployment claim, that is a mutual agreement between you two. However, you can still file the claim and a determination will be made just like any other claim. Your former employer would now be free to sue you in court for violating the agreement.

Agreements that violate the law, public policy, are agreed to under duress, or are too unfairly one sided are generally not enforceable. But you probably know that already.