Unemployment Question.

[Commodore D]

Didn't know where to ask this, and none of my friends could help, so I'm turning to you all. lol (mod, move is this is the wrong place)

 

So I put my two weeks in at work (after 17 years) after being poached by a competitor. After my former employer made an unofficial attempt to keep me (could match the 33% base increase, but couldn't match the 20% bonus, nor the monthly car stipend (reserved for C suite)), I decided to part ways. So they end up laying me off that day (because its competitor), not "honoring" my two weeks. 

 

To me that seems like I can use the unemployment feature + the $300 for these 16 days I'm out of work. Am I wrong?

[GeneticBlueprint]

It really depends on your state. Unemployment requirements differ vastly between them.

 

Morally/ethically yes you should be able to.

[Keyser_Soze]

It sounds like you can get unemployment off that.

Best way to answer your question is to file for unemployment.

[CitizenVectron]

I believe that this would be firing without cause, which would entitle you to severance from the company in lieu of your two-week notice. At least that's how it works in Canada, not sure about the US. 

[b_m_b_m_b_m]

1 minute ago, CitizenVectron said:

I believe that this would be firing without cause, which would entitle you to severance from the company in lieu of your two-week notice. At least that's how it works in Canada, not sure about the US. 

Ha

 

Ha ha

 

Hahahahahahahaha

 

But yeah depends on your state. Might not be eligible because there's probably some dumb law that says because you put in your two weeks you're no longer eligible.

[Bloodporne]

You should definitely be entitled to unemployment as far as I understand from your situation here. 

[Commodore D]

I'm in Ohio, filing now. Thank you all.

 

I wasn't going to even look into as I was getting 31 days vacation paid out. But then they contacted me and said the have a new policy on the new carry over vacation policy, where the five days I carried over wont count, so I'm only getting paid for 26. 

[Bloodporne]

4 minutes ago, Commodore D said:

I'm in Ohio, filing now. Thank you all.

 

I wasn't going to even look into as I was getting 31 days vacation paid out. But then they contacted me and said the have a new policy on the new carry over vacation policy, where the five days I carried over wont count, so I'm only getting paid for 26. 

Good, yeah, file immediately. This was ages ago but I've been laid off in Florida and even there I was eligible for unemployment due to being laid off. 

[Keyser_Soze]

In California you can get it if you quit but they will ask the circumstances

 

Quote

What Happens If You Quit or Get Fired

The EDD will schedule a phone interview to discuss your claim and circumstances. If you quit, you must prove good cause for quitting. If you are fired, your employer must prove there was misconduct. Either party can disagree with the decision and file an appeal.

 

[Spawn_of_Apathy]

Unless for some reason the company would otherwise be legally required to honor your two-week’s notice and let you work the entire thing, I don’t understand why’d they would lay you off. For the very reason that laying you off qualifies you for collecting unemployment. 
 

Maybe it’s a state labor issue. In Texas the company could just accept your notice, but opt to release you before your two weeks and you wouldn’t qualify, because you technically left voluntarily.

[Commodore D]

15 minutes ago, Spawn_of_Apathy said:

Unless for some reason the company would otherwise be legally required to honor your two-week’s notice and let you work the entire thing, I don’t understand why’d they would lay you off. For the very reason that laying you off qualifies you for collecting unemployment. 
 

Maybe it’s a state labor issue. In Texas the company could just accept your notice, but opt to release you before your two weeks and you wouldn’t qualify, because you technically left voluntarily.

Yeah, that is what I was initially thinking; and having only work for one company as an adult this is all new, was going to leave it alone. But like I said, taking them five days, them five days are a lot of money, I just can't leave it all on the table without trying.

[Commodore D]

Done (that was fairly easy). Thank you all.

 

Mods, if you want to obliterate this thread, by all means; if interested in finding out what happens, keep and I'll update. 

[GeneticBlueprint]

6 minutes ago, Commodore D said:

Done (that was fairly easy). Thank you all.

 

Mods, if you want to obliterate this thread, by all means; if interested in finding out what happens, keep and I'll update. 

 

Definitely curious. Bump this thread when you find out.

 

[Spork3245]

LTTP: they let you go instead of allowing you to quit: you can def get UI benefits. Make sure you have your termination notice/whatever in writing in case they try to fight your UI.

[Remarkableriots]

On 1/29/2021 at 7:58 AM, Commodore D said:

I'm in Ohio, filing now. Thank you all.

 

I wasn't going to even look into as I was getting 31 days vacation paid out. But then they contacted me and said the have a new policy on the new carry over vacation policy, where the five days I carried over wont count, so I'm only getting paid for 26. 

You probably won't get unemployment because they take vacation paid out into account. So your unemployment wouldn't start until 6-7 weeks after you were laid off at minimum.

[osxmatt]

Off topic but congrats on the new job. I'm sure that can be frightening after 17 years with the same company but it sounds like it's a much better opportunity.

[Spawn_of_Apathy]

3 minutes ago, Remarkableriots said:

You probably won't get unemployment because they take vacation paid out into account. So your unemployment wouldn't start until 6-7 weeks after you were laid off at minimum.

is this an Ohio thing or a federal thing? 
 

last time I got laid off I got 4 weeks severance with 4 weeks vacation, but waited to apply for unemployment for three months. I don’t know why, just that it felt like something I “should” do because it was something I could (afford to) do. Though that was mostly because I didn’t plan to search for a new job for 3 months. I didn’t feel it right to lie about looking for work and collect unemployment while I took an extended vacation. 
 

I never once thought I could get unemployment right away and my job was pretty up front about a lot of things, but never mentioned I would get unemployment right away. 

[CitizenVectron]

16 minutes ago, Remarkableriots said:

You probably won't get unemployment because they take vacation paid out into account. So your unemployment wouldn't start until 6-7 weeks after you were laid off at minimum.

 

Man that's a fucked-up system. What would happen if someone were just fired (without cause)? Here, you are legally entitled to one week of severance pay per year of employment (so if you work at a company for eight years and are laid off/fired without cause, you get eight weeks pay). However, common-law dictates that most people are entitled to much more, especially the older they are (harder to find a new job, etc). It's not uncommon to see three to four weeks pay per year employed. After that runs out you get EI from the government. Everyone deserves the dignity and protection of having money and time to find a new job if their employer lets them go unilaterally.

[Remarkableriots]

34 minutes ago, Spawn_of_Apathy said:

is this an Ohio thing or a federal thing? 
 

last time I got laid off I got 4 weeks severance with 4 weeks vacation, but waited to apply for unemployment for three months. I don’t know why, just that it felt like something I “should” do because it was something I could (afford to) do. Though that was mostly because I didn’t plan to search for a new job for 3 months. I didn’t feel it right to lie about looking for work and collect unemployment while I took an extended vacation. 
 

I never once thought I could get unemployment right away and my job was pretty up front about a lot of things, but never mentioned I would get unemployment right away. 

Does Vacation Pay Affect Unemployment Benefits? | Bizfluent

BIZFLUENT.COM

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Unemployment regulations vary by state but many allow vacation pay to affect your unemployment benefits. Regardless of your state regulations, your state labor office wants to know when you receive vacation pay, which you must report as a condition of your benefits.

You could get jail time if you don't disclose the vacation pay.

[Fizzzzle]

In Oregon, any income you get affects your unemployment. If you received money in any way, it affects your unemployment. You still file and claim weeks, but you have to declare your income. If your income is above what your unemployment pays out, you don't get any. If you got money, but it doesn't equal your benefits, the state makes up the difference.

 

If you got a check from your former employer after you were laid off, you have to declare that income.

[Commodore D]

2 hours ago, osxmatt said:

Off topic but congrats on the new job. I'm sure that can be frightening after 17 years with the same company but it sounds like it's a much better opportunity.

Thank you.

 

Yeah, I teared up the night before looking through all my files, polishing my succession plan, and writing my resignation letter. Also choked and teared up when HR asked for my personal email to send the separation info.

 

I wasn't even looking, never have, love what I do, but because of Covid I made a LinkedIn page. I responded to the three of executive recruiters that reached out, three offers were made. I took the one in the middle (about 20k short of the top) because its WFH anywhere in the world with good airport (I'll stay here in Shaker, great schools, stupid cheap).

 

I had to do it though; I've been making P and VP level decision and impact ($Bs M&A synergies, defining Industry 4.0) for the past four years, yet those haven't been my titles, not even titled at the D suite, just compensated like it. I can see the ceiling and its basically council to the peers with whom I came in with while they become Cs, PS, and VPs. The outside let me know I didn't have to wait. Plus the people with whom I will work with / for, didn't come through the company ranks, they were brought in for their talents, and they are in search of their replacement. 

 

This puts me so much closer to my goal to "retire" by 45, I'm an 80s baby.

 

If the right opportunity came (VP of Ops and up), I'd go back, as I'd like to revisit my vision.