 Re: Unemployment, has ERAC fought yours?
Good thread, where do I start.
Unemployment benefits are awarded by the state but the burden of proof is on the moving party. If you voluntarily quit you can still get unemployment benefits but you must prove it was due to certain reasons that forced you to quit (i.e. hostile work enviornment, poor ethics, etc). You must prove that you tried to get these things corrected but Enterprise didn't resolve them, thus forcing you to quit. Most of the time a voluntary quit will result in you not getting benefits.
If Enterprise fires you they have the burden of proof. If you were fired because you violated policy or broke the law Enterprise will need to prove that you knew about the policy and the expectations. They will usually win if they have documentation of progressive discipline for you breaking policy.
If they give you the option of quitting or being fired most state claim workers will treat this as an unvoluntary termination and will most likely award you benefits. You're better off having them fire you however.
ENTERPRISE LIKES TO PULL THIS SHIT- If you give two weeks notice and they tell you not to work the two weeks and not to come back, they have to pay you for those two weeks or it's no longer a voluntary termination. You will get unemployment benefits for being discharged unless they let you work your last two weeks or release you and pay you for the time.  |