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My workload has increased dramatically since I was first hired for my job, but there's been no increase in the size of my paycheck. If (in my opinion) I have just cause for a payraise, and quit if I don't get it, is there a chance that I could still collect unemployment?

I also have perfect attendance for the entire year-and-a-half that I've been on this job; for this my employer has given me quarterly bonuses to the tune of about $50 (whoop-dee-doo).

Ironically, I used to work for the unemployment insurance bureau in my state (Texas) though I was never a claims adjuster; I was only a data-entry clerk. All I know for sure is that quitting doesn't give you blanket disqualification from unemployment bennies; it all depends on the circumstances I suppose.

After all, the unemployment office can't penalize me for being ambitious, can they?

2007-11-30 14:48:21 · 21 answers · asked by Student 3 in Politics & Government Law & Ethics

21 answers

Sorry to hear you work for scummers who expect you to morph into an inhuman robot for peanuts.

In every state in the Union except Montana, every workplace operates under the common law, and statute law, and case law of At-Will Employment. This means you can be fired at any time for just about any reason (or non-reason) including the fact that your new boss doesn't like the color of your shirt. (Usually trumped up as a "personality conflict".) Likewise you can quit any time you like for any reason. (EXCEPT WHERE YOU HAVE A DISCRETE CONTRACT WITH AN EMPLOYER. You can only be fired, or quit, in accordance with the terms of the contract. (Unless you get a REALLY good lawyer, or you are J.K. Rowlings and can tear up any contract you like.) This does not include your workplace manual, in 99.999999999 % of all cases.)

IF you quit only because you believe you are underpaid, well that's just the market. Capitalism is the worst system of economics there is, - except for all the others.

BUT, - IF there are additional, other reasons such as:

You CAN collect UE (in my state NJ) if you quit, - but only if you quit under VERY unfair working conditions, that is: too dangerous, or unlawful, or both; or if you whistle-blow, that is report them for their scumbag violations, and they retaliate, making your job impossible or unfairly difficult; or very specifically if you have been given too much work for the same pay as your peers who do less, AND those peers are members of a majority, and you are a minority, e.g. : a woman, are african-american, hispanic, or any other ethnic or cultural minority or so perceived to be, or for your religion, or if you are handicapped under the federal or state ADA, or for your veteran's status, or for your sexual orientation, or possibly now for gender identity. You are also covered if you are a member of a MAJORITY with regard to society a large, BUT in your workplace you are in fact a minority with respect to the balance of people in that workplace, i.e. a REVERSE DISCRIMINATION circumstance. Or likewise, IF any member of an ("opposite") majority or minority is being treated better than you IF you are both doing essentially the same job. (Whether or NOT you are in an actual minority count in any situation.)

I'm shocked!, SHOCKED!! that the so-called lawyer of 14 years or whatever gave you such a weak, limp, off-the-cuff response. NOT.

Amazingly, Montana is governed by its statute(s) which say you may be fired for (good) cause only. I guess they need some good help around there. Sheep-herding anyone...?

Best regards and luck to you,

2007-11-30 15:32:40 · answer #1 · answered by bro_in_xpiotws 1 · 0 0

No the employment office can't penalize you for being ambitious. At the same time they don't have to give you benefits.

The only way to get your benefits and quit at the same time is if you quit under circumstances that arise to the idea of constructive termination. This means that the situation was so bad that you were forced to quit. Usually this only arises in harassment cases. Unemployment benefits are usually done on a case by case basis though. The office will send something to your employer about the circumstances. Your employer will send something back about you being unhappy with your pay. The unemployment office and your employer will have a chuckle about you and then most likely deny your claim. Sorry it does not tend to benefit you to quit. If you want the benefits get fired for any other reason then something like abandonment of job. That will get you disqualified from benefits as well.

I feel for you because I was in a similar position. Either suck it up or find a new job. Sorry most people will not be able to get money for no effort.

2007-11-30 23:19:53 · answer #2 · answered by dennis_evans2003 3 · 0 0

You are right: the unemployment office can't penalize you for being ambitious, but I don't know of any UE office that will pay you for it, either. Very few circumstances are such that quitting will qualify you for unemployment compensation, and asking for a raise and then quitting because you are disgruntled over the lack of increase will not hold merit with them. Instead of being peeved with your boss for not appreciating your efforts and dilligence, spend at least some of your free time asking around about other jobs where you might be a better fit and where they might appreciate you more. When you have a firm offer of another job, go to your boss, smile from ear to ear, shake his hand, thank him for the opportunities he gave you and the added responsibilities so you could learn more, and let him know you are leaving (2 weeks' notice is usually the standard). Put in the effort, and you will find your reward.

2007-11-30 23:03:14 · answer #3 · answered by brightpool 3 · 1 0

Texas? If you worked for them at one time you shud have some knowledge of the laws of your state pertaining to what the penalties are for quitting ur present job without justification. If you are unsure of what the bennies are, get a unemployment book and talk to a worker in the office. Maybe the unemployment office can't penalize you for being ambitious, but STUPIDITY? Incidently, you shud NEVER quit one job unless you have another one to step into. It is so much easier to find a job iffen u alredy have one

2007-11-30 23:12:53 · answer #4 · answered by desert rat 2 · 0 0

Asking for a raise with reasonable arguments is a good plan. Demanding a raise is a bad plan. Don't burn your bridges. If you really think you are being taken advantage of, begin looking for other work while still on the job. Your chances of getting a new job are better if you are still working than if you have been fired.
To answer your question, in Michigan you would not get unemployment benefits.

2007-11-30 22:57:12 · answer #5 · answered by saddlesore 3 · 1 0

No, you can only collect unemployment if you are terminated. However, that is not necessarily a guarantee either. Your company can deny your claim. or it can be denied by the agency that handles unemployment.

Either way you will have to/or call the unemployment office answer a ton of questions, and then if you qualify it will be about four weeks before you get your first check.

2007-11-30 23:15:35 · answer #6 · answered by Anonymous · 0 0

"quitting doesn't give you blanket disqualification from unemployment bennies" if you quit under pressure from some type of illegal harassment or unsafe working conditions or something that involves an infringement on your rights. refusing to give you a raise doesn't qualify. If you are a good worker but not being paid what you are worth, then get your resume together go apply elsewhere and if you get hired at a higher wage, give your employer the opportunity to match it or give them your two weeks notice. It has worked for me.

2007-11-30 22:56:26 · answer #7 · answered by David M 6 · 1 1

a good employer would want to hear your concerns but they may not agree with you and may choose to not give you a raise. quiting because you do not get a raise will not qualify you for unemployment compensation. your work load and hours are determined by your employer. if you do not like your job you can quit but that is your choice. the attendance bonus you got that so impressed you is more then most get and more then your employer had to give.
you are owed your hourly wage and nothing more.

2007-11-30 23:03:56 · answer #8 · answered by michr 7 · 0 0

You quit your job without a justified reason. Unless you had a contract that called for periodic guaranteed raises, you have no right to unemployment. You messed up my friend.

2007-12-01 02:40:13 · answer #9 · answered by Toodeemo 7 · 0 0

Quitting in a snit because you didn't get the raise you wanted is NOT being ambitious. Your chances of collecting with that scenario puts your chances at slim to none.

2007-11-30 23:59:16 · answer #10 · answered by Gray Wanderer 7 · 0 0

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