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Georgia Unemployment Denied - Forced to quit or made to feel like it

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  • Georgia Unemployment Denied - Forced to quit or made to feel like it

    We recently had a child, which has been sick (nothing major but has been very difficult, with all the DR visits and hospital visits and specialists)
    My Wife a store manager resigned since she could not go back to a 70 hour work week (after maternity leave). Everyone was told you will work your days off, and work 70 hours a week if you don't like it there is the door. (she can have signed document to state this)
    Prior to quitting she told her boss she can not do this schedule especially with all the Dr appointments our child has needed.
    Its not like she can just leave in the middle of the day, they don't give enough staffing to cover the stores and force management to have to cover. (plus as she was gone the store fell into diseray and was going to need 2 months of hard work and long hours to fix)
    She would have gladly taken a step down but this was not offered. She did offer other roles they said no.

    So because she resigned she can not get unemployment? Even though she felt she had no choice?
    Would she have been better off going back and making them fire her for not working the hours?

  • #2
    All she can do at this point is apply for unemployment and see what they say.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      They denied her twice. Saying she resigned. They did at first say she never even sent in a resignation but she had that e-mail

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      • #4
        Unemployment insurance is not meant to pay when you resign due to family issues and not wanting to work the hours required.. Her only chance would be is if she wasnít working 70 hour weeks prior to going out on maternity leave. That doesnít even have to be immediately that could be the season last year. Itís very common in retail to require more hours over the holiday season than normal. So I doubt that unemployment will ever rule in your favor.

        She did have a choice it just wasnít one she liked.
        And if she had gone back and refuse to work hours and they had terminated her, that wouldíve been good costs. And good cause case itís generally unemployment is also denied. Especially if they could prove she worked these kind of hours before and should have known these kind of hours were possible.

        Sorry to sound callous ... hope she can find another job that works better with being a new mom

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        • #5
          No, she resigned. I'm sympathetic to your situation, but unemployment is not meant to cover quitting because of medical issues. It's for people who genuinely lose their job through no fault of their own. Even if she had refused to work and been fired, it's likely her unemployment claim would be denied.

          For future, she can, and should, have requested intermittent FMLA leave and that might have helped (assuming this is a large store with more than 50 employees in a 75 mile radius).
          Last edited by ferretrick; 12-13-2017, 06:04 AM.

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          • #6
            Originally posted by ferretrick View Post
            No, she resigned. I'm sympathetic to your situation, but unemployment is not meant to cover quitting because of medical issues. It's for people who genuinely lose their job through no fault of their own. Even if she had refused to work and been fired, it's likely her unemployment claim would be denied.

            For future, she can, and should, have requested intermittent FMLA leave and that might have helped (assuming this is a large store with more than 50 employees in a 75 mile radius).
            the OP didn't state how long she took on maternity leave to begin with so it is possible she had already used the 12 weeks total with her own leave and baby bonding. (and while the OP stated that she needed the time off for dr visits for the baby, I just wanted to clarify that intermittent leave is not legally required for baby bonding time alone , so depending on whether the dr appointments are still needed could also affect FMLA eligibility)

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            • #7
              Thank You very much for the clarification.

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