CT Unemployment Question RE: Eligibility?

Question

Ok, so I'm totally going nuts trying to get straight answers about unemployment. I work in a position where there is a one-year working test period, and it is up in about a month. My employer has notified me that I will not be employed beyond this period, due to the fact that they just don't think I'm a good fit for the agency. (no willful misconduct) They have offered me an opportunity to resign rather than have the working test period failed, just so I can still say I've never been terminated.

CT law states that you can be denied benefits if you're fired for willful misconduct or if you quit without just cause attributable to the employer.

I tried calling DOL, and he just kept repeating "either way, you'll need to attend a hearing." "The only way you won't have to attend a hearing is if you're laid off." I get it... I wanna know, if the employer tells me I won't have a job in a month, is that just cause to quit, or will I likely lose my case?

In other words, should I quit, or should I let them terminate me? I will need the benefits, so I can't do something that will jeopardize that, but if I can quit and say it was just cause because I was going to be let go, I'd rather do that. But I can't jeopardize my benefits.

Answer 1

Given the information below, you should be able to qualify for benefits if you quit (even though I would not do so). I wouldn't quit because (unless you have what was told to you in writing) it would be a "he said/she said" situation.

Sec. 31-236-18. Voluntary leaving defined

In order to establish that an individual left suitable work voluntarily, the Administrator must find that the individual committed the specific intentional act of terminating his own employment. The Administrator may not find that an individual left suitable work voluntarily if:

(1) upon notification by his employer of a future layoff or discharge, the individual exercised an option, expressly given by his employer, to leave his employment immediately; or

(2) the individual left work as the result of a demand by his employer to either quit or be discharged; or

(3) the individual tendered a notice of resignation to his employer and that employer discharged the individual before the expiration of the notice, except where the employer simultaneously paid the individual in full for the period of notice; or

(4) the individual attempted to rescind a notice of resignation tendered to his employer prior to the expiration of the notice period and the employer had not yet taken substantial steps to replace him.



You can file for unemployment online at: https://iic.ctdol.state.ct.us/welcome.aspx


Basic Eligibility Requirements

You can receive benefits if you meet a series of legal eligibility requirements:


You must be monetarily eligible.

You must be totally or partially unemployed.

You must have an approvable job separation; the law imposes a disqualification for certain types of separations.

You must meet certain weekly legal requirements; weekly requirements include being physically and mentally able to work, being available for and seeking work*, and filing your weekly claim for benefits on a timely basis.

If you are identified as likely to exhaust unemployment benefits and are enrolled in the worker profiling and reemployment services program, you must fully participate in all assessment interviews, orientation, and referred reemployment services.

*Generally, an individual must be available for and seeking full-time work. Under certain conditions, a person who has a disability may be able to limit his or her availability for work to part time only. A claimant can qualify for unemployment compensation by: (1) providing documentation from a licensed physician which establishes that (a) he or she has a physical or mental impairment that is chronic or expected to be long-term or permanent, and (b) the impairment leaves him or her unable to work full-time, and (2) demonstrating that the impairment does not effectively remove him or her from the labor force.

The sooner you file the claim the better.

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Answer 2

If you quit, there's probably a higher chance of being denied unemployment comp than if you just wait for them to terminate you. If you've already been notified IN WRITING that you won't be employed after the initial period is up, your case would probably be pretty strong that you didn't just quit voluntarily, but if they just told you verbally, then that wouldn't be very good evidence in a hearing.


Good luck. At least you have some advance warning, so can be looking for another job. Don't just figure you'll get u.c. and wait until that's almost done - you might not get it, and even if you do, could end up with no income for awhile after it runs out.