I am considering giving a four-week notice of resignation, and had a question. My company has a history of dismissing the employee immediately and paying a two-week notice (however, I have no idea what they will do with four weeks). I understand that should they dismiss me immediately, the employer has no obligation to pay for time not worked. I also understand that a dismissal would allow me to file for unemployment for that period.

Question 1: If I give four weeks and they dismiss me immediately, can I file for all four weeks of unemployment?

Question 2: If they were to pay me for 2 of the 4 weeks, can I file for unemployment for the remaining two weeks?

Thanks

The answer to "Can I file for unemployment" is always yes. You can ALWAYS file.

Whether or not the state will accept your claim is not something we can give you a definite answer to. What I can tell you is that it is likely, but not positive, that they would accept your claim in both instances.

Can I ask why you don't just wait two weeks and then give a 2 weeks notice?

the company recently changed the terms of my employment without consulting me. Two years ago, I was hired to be an outside sales executive, working from an office in my home and going into the main office once a week. The company has now mandated that I will be an inside sales executive, demanding that I go into the main office every day effective Jan. 1. This is a demotion in my profession, and will add an hour and a half (each way) commute to the office, as well as cost me over $2500 in gasoline each year thus causing a financial strain. During my interview with this company, I specifically asked if this situation could ever be a possibilty as it was a contingency of me taking the job. Although I was repeatedly told it would never be an issue, I didn't get it in writing (life lesson). When I brought up the discussion from the interview in regards to the recent changes, I was told that I no longer had the job I originally interviewed for and the new position I was assigned was responsible for reporting to the office every day. Although I have been successful for myself and the company, there seems to be an underlying message being sent by the VP of sales who shares a different sales philosophy. We have had several conversations regarding our differences in style and he has made it clear that he expects me to adopt his style (even though I have been extremely successful with mine). After reading up on labor laws, I am curious as to whether this could be construed as constructive dismissal? Would I have to be a protected class (i.e. race, religion, age, etc) for this to be the case? The other outside sales executive that shared this same fate quit last month when we found out about these changes. It certainly feels as though I am being forced to resign.

Definitely not constructive dismissal.

As with the others that chose to leave rather than change, that is really your only option. Barring an employment contract that specifically addresses the areas you describe, the employer can change the terms of your employment at any time. In essence, they aren't changing the terms of your employment as much as they are revoking your telecommuting ability. Nothing says that an employer cannot require employees to report to the main office. You aren't being forced to resign, just report to the office. While that may be inconvenient and more costly, it isn't illegal.

I agree with DAW. Why give 4 weeks if they only require two? If you are being nice, then be nice regardless of the results.

However, if you resign, it is less likely that you will qualify for UC no matter when they let you go. No longer being allowed to work from home 4 days a week is unlikely to qualify.