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Unemployment Check Question

Toastedlightly

Toastedlightly

Diamond Member
Unlike all of ATOT, I don't make 6 figures a year and bang a different supermodel every night. Also unlike ATOT, I find myself losing my job.

To make a long story very short, here is what happened (in cliff notes):

1. Hired to be a chemist, not sure in what department
2. Signed offer letter
3. Found out I would be doing non-chemist work in a different department
4. Was told other department was a good place to learn the biz, would be able to transfer to be a chemist in a year or so
5. Was offered a remote position out of state, declined position
6. Being told that I am out of a job unless I take a forced relocation position. Employer states that I was hired to take this position (this was not clearly commincated to me)
7. Employer wants me to sign a voluntary termination (hell no). I will be "fired" soon instead.
8. In Minnesota, how does this affect my eligibility for unemployment?

I know, talk to a lawyer. I will be doing so soon (luckily my uncle is a lawyer). Does anybody have similar experiences and good outcomes?
 
I'm not sure about Minnesota but I know here in IL you are required to hold that position for a certain amount of time. I'm not 100% sure but I believe it may be 6 months...
 
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Not sure you need a lawyer, maybe just talk to the unemployment office? If you sign that quit form, you are not able to get unemployment. I know that for sure.

The rules are pretty decent in Minnesota compared to other states I think..6 figures in Minnesota, you'd be rollin sir!
 
Thank you for all the input. I was looking over my offer letter and found the following:

"In this position, you will be working out of our world-wide headquarters here in *****, MN, and you will be reporting to *****."

I'll still bug my uncle tonight (maybe take him out to dinner or something for his trouble) to see what he says, but it sounds like the plan is to not sign anything and keep on looking for my next job.

Thanks for the input!
 
Unemployment is basically based off your earnings. It used to be "You are eligible for $x amount of unemployment paid each week in $y amount" and when that ran out, you were SoL, assuming you weren't terminated for gross misconduct or left voluntarily.

Now, I'm not entirely sure how much total benefit you'd be eligible for, but termination because you wouldn't relocate is not gross misconduct and you shouldn't have a problem getting unemployment. You can easily file for unemployment.
 
GotIssues said:
Unemployment is basically based off your earnings. It used to be "You are eligible for $x amount of unemployment paid each week in $y amount" and when that ran out, you were SoL, assuming you weren't terminated for gross misconduct or left voluntarily.

Now, I'm not entirely sure how much total benefit you'd be eligible for, but termination because you wouldn't relocate is not gross misconduct and you shouldn't have a problem getting unemployment. You can easily file for unemployment.
Click to expand...

This.

And definitely don't sign anything. In California, you can get up to 99 weeks of unemployment. Two extensions are courtesy of the Feds.
 
GotIssues said:
Unemployment is basically based off your earnings. It used to be "You are eligible for $x amount of unemployment paid each week in $y amount" and when that ran out, you were SoL, assuming you weren't terminated for gross misconduct or left voluntarily.

Now, I'm not entirely sure how much total benefit you'd be eligible for, but termination because you wouldn't relocate is not gross misconduct and you shouldn't have a problem getting unemployment. You can easily file for unemployment.
Click to expand...


Yes, but it's also usually based on "the first four of the last five quarters," so with 6 months of work, he'll only have 3 months of earnings to base his unemployment award on.
 
you can't beat MegaCorp
fightavatar.gif
 
In Florida - you would not receive unemployment compensation. The law clearly states that you must be unemployed by no fault of your own. i.e. You could have taken the out-of-state job.

Here is how things go in America's Wang where we have so few labor laws that we don't even have a Department of Labor to enforce the few anti-discrimination laws that we do have:
1. Hired to be a chemist, not sure in what department
Click to expand...
Great! You should have been more clear as to your duties.

2. Signed offer letter
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Irrelevant. It's completely meaningless. Unless its a bona fide work contract, any sheet of paper that explains what your job might be is essentially meaningless. If/when it ever gets to court the document (not being a contract) is simply hearsay.

3. Found out I would be doing non-chemist work in a different department
Click to expand...
At this point you should have realized that this company wasn't for you.
4. Was told other department was a good place to learn the biz, would be able to transfer to be a chemist in a year or so
Click to expand...
Meaningless - they don't have to transfer you or do anything at all but pay you minimum wage for whatever the hell they tell you to do - short of something illegal.
5. Was offered a remote position out of state, declined position
Click to expand...
Good for you. Get out your resume and start looking again chemmy!
6. Being told that I am out of a job unless I take a forced relocation position. Employer states that I was hired to take this position (this was not clearly commincated to me)
Click to expand...
Again meaningless and hearsay. Again they only need to pay you minimum wage + overtime for any work done. That work can be anything at all. Anything.
7. Employer wants me to sign a voluntary termination (hell no). I will be "fired" soon instead.
Click to expand...
Politely decline. It doesn't mean anything fired vs terminated vs. quit. But certainly don't sign any paper saying you quit. It's over - but don't let them kick you in the ass on the way out. It's nothing being fired for something like this. Explain it just like you did - you took an offer, it turned out to be something else, they fired you. No biggie.
8. In Minnesota, how does this affect my eligibility for unemployment?
Click to expand...
I can't answer that, but in Florida - unless you took any offer at all of work - even if it means traveling to Mongolia and scrubbing yak anuses 364 days a year 12 hours a day (and they paid you minimum wage + overtime) you would not be eligible for unemployment compensation.

Look up Minnesota law - I'm certain it is wildly different up there where they actually have labor laws.
 
Most unemployment claims include the statements that you were
  • Available to work
  • Willing to work
  • Did not work for an employer
  • Did not refuse an offer of work

The fact that you were offered a job w/ relocation and refused it will create a penalty w/ respect to unemployment compensation.
Potentially up to 12 weeks delay before able to collect.

The company will challenge your claim with the documented offer.
You will be SOL


On a side note - why the refusal to to take the job? If justified, it may be able to be used in an unemployment appeal.
 
If all it takes for a company to get out of having to pay unemployment is to offer relocation, wouldn't every company try that? Or at least until the employee calls their bluff? Seems kind of ludicrous if your whole life is centered in say California, and the company says move to Maine or you're fired, that you have to move to Maine or you won't get unemployment.
 
Jeraden said:
If all it takes for a company to get out of having to pay unemployment is to offer relocation, wouldn't every company try that? Or at least until the employee calls their bluff? Seems kind of ludicrous if your whole life is centered in say California, and the company says move to Maine or you're fired, that you have to move to Maine or you won't get unemployment.
Click to expand...

:thumbsup:

Every company would be doing this...
 
Jeraden said:
If all it takes for a company to get out of having to pay unemployment is to offer relocation, wouldn't every company try that? Or at least until the employee calls their bluff? Seems kind of ludicrous if your whole life is centered in say California, and the company says move to Maine or you're fired, that you have to move to Maine or you won't get unemployment.
Click to expand...

Relocation of an employee will cost a company between 10-30K.
Many companies to not have facilities out of state.

That is an expensive bluff to be called on.
 
I was fired from my position because I refused to relocate to the Netherlands for work. When I went to file, I got told that I quit according to my previous employer... so I was ineligible for unemployment.

So I talked to an old buddy of mine who happens to be an adjudicator for the Wisconsin Unemployment office (ie. the guy who reviews cases if you appeal it and determines if you get unemployment or not.) He told me to appeal it, because (at least in WI) you can collect if you're fired, or even quit from your job, due to "unreasonable expectations" - relocating when it was not an agreed upon thing when taking a job or position was just that.

So I filed an appeal, got a call from a lady who was reviewing it (ie. an adjudicator,) talked to her for half an hour and at the end she said it was a no-brainer, I'd get my first check the following week. However, the employer had 30 days to file an appeal themselves, in which case the checks would stop until they finished reviewing any new material from them. They never appealed it.
 
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BoomerD said:
EagleKeeper said:
Relocation of an employee will cost a company between 10-30K.
Many companies to not have facilities out of state.

That is an expensive bluff to be called on.
Click to expand...

You're presuming that a company will pay the relocation costs. Not all do.
Click to expand...

True.

I have never seen that w/ respect to an employee; but there may be cheapos out there. Much also may depend on the distance.

Uncle Sam requires a delta of 50 miles before any tax benefits.

I have heard of companies wanting people to cover interview costs.
as a contractor, I refuse to discuss w/ a company that demands to talk to me face to face, but is to cheap to cover the costs.
 
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