I was dismissed from my job, am I obligated to stay until they replace me or else lose unemployment benefits?

Question

2 days ago my boss told me that, due to a "transition," I'm being dismissed so they can replace me with someone who has more fiancial skills to better assist the firm's bookkeeper. But I suspect my being dismissed w/ no warning is partially personally motivated b/c the bookkeeper and I don't get along. When I was told I no longer have my job w/the company, my boss told me I could stay 6-8 weeks, to find a job before I leave, but I suspect they are trying to use me to keep the office running while they find my replacement. I wrote an official letter to the partners that day telling them that, since I was dismissed that day, I was making that day my last day. Can employers legally obligate dismissed employees to stay after they tell them they're being let go, and if the employee decides to leave immediately, can the employer deny them unemployment benefits? I'm afraid they'll claim I walked out b/c I refused the offer to stay for 6-8 wks, and that they'll deny my unemployment benefits.

Answer 1

The type of offer you received from your former employer is not made to everyone. It shows that they did trust you and perhaps the reason they gave you for dismissal is actually what they believe.

Everything I have ever read says that you are much better off looking for work if you are currently "still employed." They even suggest a situation where you negotiate to keep your office until you find a job (without pay).

I suspect that you would also have a fair deal of flexibility in such an arrangement to go on job interviews and could likely accept another job and leave without any real notice.

This does have a benefit to the employer since it would not then hit their unemployment insurance.

I honestly don't know about the unemployment benefits end of things. Unless you can still accept your former employers offer, (tell them you were hasty in your decision and wondered if the offer was still available) I guess you'll find out. If the answer is negative you should probably seek a legal opinion based on the laws of your state.

Answer 2

You are in NO way obligated to stay! But you must be smart about it because your boss has probably done this before and knows ways to get out of paying unemployment. You must have in writting how they have laid you off. Then you need to call the unemployment office and tell them the situation about how he has offered for you to stay on for 6-8 weeks because there is a loophole for bosses that if they offer you another position and you don't take it, then they can deny your benifits. So they could try to make it look like you quit instead. But be smarter than them, if they did not give you any kind of paper in writting about terminating your job, then you need to either email or hand your boss a letter that has the date and everything in it that he had said to you along with your feelings about how you will not feel comfortable staying for the extra weeks because of the new situation and that you will need your days to look for employment because you cannot live without having the hours and pay that you are now receiving. Then make him sign it or copy the email and bring that for the unemployment so that they can clearly see that you wanted to remain on your job but that 6-8 weeks to train someone else would be way to uncomfortable and should not be expected. Then you have done nothing wrong and it clearly shows that they laid you off indefinitely.....plus, it shows that you must not have done anything wrong to get fired or else they would never want you to work another 6-8 weeks! That covers you....Good Luck!

Answer 3

They cannot obligate employees who are being laid off to continue to work until they find a replacement. I would, however, check with your local unemployment office website to see if you can find your answer regarding this situation there. I found that the unemployment sites offer a great deal of information related to separation of employment, what is considered for unemployment insurance, etc.
I hope that kept a copy of your letter to the partners as well. Ensure that you document everything, from the day and time your boss advised they would be replacing you up until your boss indicated you could stay 6-8 weeks. You may need that when you are scheduled for your unemployment benefits interview. Best of luck to you.

Answer 4

1. No employer expects an immediate response. If the McJob makes an offer, ask for some time to consider it. 2. You are not required to accept an offer that is well below what you were earning in your previous job. 3. When you turn down a job, you are asked for a reason. Such things as pay too low, wrong shift, too far away, not qualified, crap benefits compared to last job, etc. are all valid reasons for turning it down that won't affect your benefits. 4. If push comes to shove, take the McJob. Then if McDreamJob comes through, vote with your feet. There's no law that says you have to work for an employer for any set length of time. I've walked on a crap job before the end of the first shift when the offer that I really wanted came through.

Answer 5

i don't know about your benefits but if i were you i would stop and take a breath and think for a minute. Unemployment will not be as much as you make while actually at work. so if they are willing to allow you to work there and collect a full paycheck and still let you have time to look for other work and interview, then why not just stay there while you look? If you don't find something else by the time they find your replacement then you will defiantly get your unemployment.

Answer 6

I would talk to the unemployment office and tell them exactly what your boss told you. Explain your feelings and ask them if you are obligated to stay until a replacement is trained. I would think you should not have to stay and train a replacement! How crazy would that be?

Answer 7

well all I know is that in alberta, if you've been "fired", which is basically what it comes down to, you are not able to receive unemployment.........if I were you I'd get an official letter from your boss stating why exactly he's letting you go, at least then you'll have something more than your word

good luck and sorry your boss seems to be a jerk!

Answer 8

you do not have to stay but if you dont have another job yet milk it for the paycheck all you can if you dont like them tell them see yah later buttheads you are not legally obligated at all and you should be able to apply for unemployment as long as you have enought ime invested

Answer 9

#1, I would get it in writing...as to why you are being let go. in case you need that later, if you are going to try and dispute unemployment pay
#2, knowing that you are getting fired, start looking for a new job ASAP

Answer 10

It will depend what is on your slip.. if it says you quit, you won't get EI, if it says you were laid off, you will. If they laid you off in writing, bring that in with your slip as they can make exceptions.