Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Wednesday, November 11, 2009
UNEMPLOYMENT INSURANCE - QUIT OR BE FIRED
A recent blog (November 5) discussed this issue in part but a consultation recently actually brought it up in terms of receiving benefits. Claimant quit believing it was in Claimant's best interests to quit rather than possibly being fired for poor job performance and have the firing on Claimant's record. Thus, Claimant was not fired but quit, thinking it was best for Claimant's career in the long run. Also, Claimant was unhappy with Employer due to Employer's constant complaining of poor job performance, which Claimant denied. After applying for unemployment insurance benefits, Claimant was denied due to voluntary separation without good cause. But for purposes of unemployment benefits, perhaps Claimant would have been better off getting fired for poor job performance. Without going into specifics, Claimant may have a difficult case establishing good cause for voluntary separation.
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