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Providing the claimant knows what they are doing. Go to the unemployment sub-forum and read all the people who were eligible yet got denied because of their own stupidity. With the exception of California and New Jersey, unemployment is horribly stacked against an ignorant claimant even to the point of denying because they realize the claimant is an idiot.
Online filing for employment insurance asap is probably the best thing for the OP, sort it out later?
Really? The position I was in they are hiring or have hired someone for that role already. Basically after my doc completed my ADA accommodations, they declined them all and wrote a letter saying I am no longer "qualified" for my current position and needed to apply for other roles. Would this still be a layoff?
Online filing for employment insurance asap is probably the best thing for the OP, sort it out later?
Yes, I have certainly looked into this, but I don't think I can file until I have an official last day of employment and some type of paperwork substantiating this. I knew a few people who worked in HR previously who have retired and was informed that my company reallly does not like to pay out unemployment and would rather transfer an employee or have them just quit. She told me that if they pay out unemployment then it means that an employee was terminated without a cause and then it opens the door to lawsuits, especially if an employee has no records of disciplinary action.
I really believe the odds were stacked against me. They did pay me leave for a about a month, however I applied for many positions early on. They took forever to actually interview for these positions, so even in the instance if I was hired for one it would overlap the time that I had to get a re-assignment. From there I would be separated from my company, they would pay out all of my pto etc. and then I would come back as a new employee. I think it takes about 2-3 wks to get unemployment so basically I would be at the point where I could file, but then they would magically have found a position.
Really? The position I was in they are hiring or have hired someone for that role already. Basically after my doc completed my ADA accommodations, they declined them all and wrote a letter saying I am no longer "qualified" for my current position and needed to apply for other roles. Would this still be a layoff?
Yes, really. The fact that someone else is being hired for the position is irrelevant as are your ADA requirements. According to your first post there were too many problems with the work you were doing; that is why you were laid off.
She told me that if they pay out unemployment then it means that an employee was terminated without a cause and then it opens the door to lawsuits, especially if an employee has no records of disciplinary action.
You see, that is the exact stupid ignorance I'm talking about! Here you have some idiot in HR even providing dumb information. Not one State in the USA has in their unemployment regulations that the granting of benefits to a fired employee means it wasn't without cause. You can most certainly under our laws on unemployment be fired for cause yet still collect unemployment benefits. Heck you can even quit and collect. In some states you can quit to move with your lover and still collect. Did you know you can be fired for misconduct and still collect BY LAW in some states? The only reason so many claimants don't collect is they didn't give a rats' rear about unemployment until it was too late and they already screwed things up beyond repair.
You see, that is the exact stupid ignorance I'm talking about! Here you have some idiot in HR even providing dumb information. Not one State in the USA has in their unemployment regulations that the granting of benefits to a fired employee means it wasn't without cause. You can most certainly under our laws on unemployment be fired for cause yet still collect unemployment benefits. Heck you can even quit and collect. In some states you can quit to move with your lover and still collect. Did you know you can be fired for misconduct and still collect BY LAW in some states? The only reason so many claimants don't collect is they didn't give a rats' rear about unemployment until it was too late and they already screwed things up beyond repair.
I did not know that. Thank you for that information. I thought if you quit the only way you could collect is through a constructive dismissal or if the employer made the situation intolerable. Sounds like it varies from state to state. Maybe it's because my employer is the government vs a private entity.
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