firing or quitting ????????

[bobby2002]

I am in PA. it looks like I`ll be fired or might have to quit because my administrator has it out for me, which would be better(I know they are both bad) ?
I heard if I want to try and collect unemployment compensation I can not quit.Is this true?
My boss and I are fighting over my vacation due my contract states that after one year I can take ten days he has informed me to take five days, if i take any more I`ll be fired. If anyone has any ideas about what i should do please help.

 

[cbg]

If you quit for the reason you list you will not be eligible for unemployment.

Are we talking about an honest to goodness contract or an offer letter?

 

[Beth3]

And - is your boss saying you are not entitled to 10 days of vacation AT ALL or is he saying he only can allow you to schedule five days off at present?

It's not clear whether the disageement you're having with your boss is an eligibility issue or a sceduling issue. Scheduling vacation time is at the convenience of your employer.

 

[bobby2002]

It is a contract but not very detailed tells me if i quit I must give a sixty days written notice and such. The vacation and sick days are there but do not give more detail then ten days after first year.

 

[bobby2002]

He states he can not give me ten at this time only five, but he keeps asking me to quit. They want to hire some one for less money to due half of my job.

 

[Beth3]

So your boss isn't denying that you have 10 days of vacation, he's only saying he doesn't want you to schedule more than 5 days off now. That's perfectly legal. As I said above, scheduling vacation is at the convenience of the employer.

 

[bobby2002]

Thanks for that beth but my point still is if he fires me for taking the full ten can I collect UC or will there be some reason I can be denied UC benefits.
The reason i`m being so blunt is this whole ordeal with my boss has been nasty and i really do not want go back to my job.I have done some much extra work for them and now to be treated like they do not even know me...I hope you understand

 

[cbg]

That's a question no one can answer. I've had employees turned down for benefits because they deliberately disobeyed their employer; i.e. if you do this again you will be fired; employee does it again; employee is fired; UI turned down because they knew what would happen if they did whatever and they did it anyway. PA is usually fairly employee friendly but there's no way to guarantee that you won't be turned down if your boss says you can only take 5 days and you take 10.

 

[ellencee]

bobby2002
If you take 10 days off, when only 5 days are approved and scheduled, your boss can do one of these two things, each at his discretion, one is to terminate your employment based on job abandonment, one is to terminate your employment based on your resignation as tendered by not coming to work without justification.
He could also, fire you for plain insubordination.
All three actions would be justifiable on his part, and would more than likely delay any unemployment benefits.
Why in the world don't you just find another job and go to it, taking your 10 days paid leave between employers, instead of creating a negative report on your resume?

 

[Beth3]

Ditto to what ellencee has said. If your boss has only approved five days of vacation and you decide to take ten, you're most probably going to be fired - whether for job abandonment or insubordiation. It is not your option to schedule and approve your own vacation request.

And while no one but an adjudicator in your State's UC office can tell you for certain, the odds of your being eligible for UC benefits under these circumstances are definitely slim.