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Voluntary Resignation - Collect Unemployment in this Situation? New York

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  • Voluntary Resignation - Collect Unemployment in this Situation? New York

    I have been employed by my employer for almost one year. In 5 days it will be one year.

    My husband is out of work on permanent disability. We have 3 children under the age of 10.

    My husband's condition is mostly manageable on his own however, he has bad days and worse days. On his worse days, he needs me there to help get the kids ready for school and drive them to school.

    Unfortunately, his worse days are becoming more and more frequent. This is NOT something that will continue. He's just had a run of bad luck with his health. However, this has caused me to take 10 days off of work already this year and I'm almost out of time. I only receive a combined 12 days off per year.

    My job is about one hour away from home and requires me to take two rails. I've asked my employer to allow me to work from home certain days per week but this was refused. They also have an office closer to my home but they told me that I am not allowed to work from there as that office is not set up in such a way to perform my job function. All completely understandable reasons.

    I am able to work. I just need to find a job closer to home for those days when my husband has his worse days. I have been actively seeking employment closer to home but to no avail as of yet.

    I realize I will be eligible for intermittent FMLA on my 1 year anniversary however, I will not be paid for those days I take under FMLA. I've also been told by my employer that if I go the Intermittent FMLA route and my work falls behind, I will be dealt with by Human Resources for poor performance.

    My question is, if I resign from this company, is there any way possible I would qualify for unemployment benefits? I know for a fact my company will fight my claim.

    Thank you for taking the time to read this and offer your thoughts.

  • #2
    Ultimately, the only entity that can determine whether you would be eligible for unemployment is the state, but it is exceedingly difficult to collect it if you resign voluntarily. If you do go on FMLA and are penalized for it, then you would potentially have a claim for an FMLA violation.
    Last edited by Marketeer; 05-08-2011, 05:10 AM.
    I am not able to respond to private messages. Thanks!

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    • #3
      The usage of FMLA, intermittent or otherwise, can not be used against you.

      If you are required to process XX things per week, and you miss a day for intermittent FMLA, then you can be required to proces 80% of XX things that week.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Thank you for taking the time to reply.

        If I ultimately end up resigning either prior to FMLA or during FMLA, what would you "guess"timate my chance of collecting unemployment given my situation.

        Thanks again

        Comment


        • #5
          50-50, maybe, if you resign before FMLA, worse if you wait. Why would you resign while on FMLA? That doesn't make any sense. FMLA protects your job and your medical insurance for 12 weeks.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            But you don't get paid while on FMLA.

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            • #7
              I understand that. But if you are denied UI benefits, you won't be getting paid anyway.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                I understand that. But if you are denied UI benefits, you won't be getting paid anyway.
                Agreed. And beyond that, (assuming you are non-exempt) once your vacation time runs out you wouldn't be getting paid for time not worked anyways - FMLA or not. FMLA just gives you a certain degree of protection from employer action. If you leave, your chances of collecting UI are very low.

                Comment


                • #9
                  And unemployment only pays a fraction of your regular earnings. You'll almost certainly be earning more even working part time with unpaid FMLA than you would on unemployment.
                  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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                  • #10
                    You don't get paid unemployment while unable to work. So if you need days to help your husband while on unemployment you are not ready and able to work and thus unable to collect.

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                    • #11
                      Patty, I'm struggling to see the 50/50 likelihood of the OP being granted UC benefits if she resigns. Maybe I'm missing something but if she quits her job, it will be for purely personal reasons to take care of her husband. I don't see any chance of her being eligible for benefits.

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                      • #12
                        Agreed. This is a bad situation but I do not see how quitting is likely to improve it. An alternative suggestion is that the employee tries to stay with the current job and keeps looking for an alternative job closer to home while still working at the old job. If she is fired under those circumstances, the chances of getting UI while not certain is better then if she had quit.
                        Last edited by DAW; 05-09-2011, 08:28 AM.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

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                        • #13
                          Originally posted by Beth3 View Post
                          Patty, I'm struggling to see the 50/50 likelihood of the OP being granted UC benefits if she resigns. Maybe I'm missing something but if she quits her job, it will be for purely personal reasons to take care of her husband. I don't see any chance of her being eligible for benefits.
                          I've been surprised more than once. She would be quitting to provide necessary care for her husband. Not the employer's fault, but not her fault either.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            True, but then she wouldn't be available for work if she's home nursing her husband.
                            If she decides to resign, I guess she'll just have to see what the State decides. If she's fired for missing too much work, I suspect she'll have a better chance of collecting benefits since she will be able to demonstrate a compelling reason for her absences.

                            Anybody just want to flip a coin? Eligibility for UC benefits can indeed be surprising at times.

                            Comment

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