I quit my job for some very good reasons, but I was denied unemployment

[firstnamemike]

What is the name of your state (only U.S. law)? Illinois
I worked for my father for 2 years. I am owed several thousands of dollors in expenses that I submitted for payment going back close to 2 years. My father, my employer, has not paid me back, although he continues to pay his own expenses and he takes all the money out of the firm. On payday, I am not able to cash my check due to lack of funds, although I have cashed all my back checks so far. I am however still owed expenses for gas etc. used for the job.
This goes on while the company has failed to file its tax returns for 2 years and I fear the company will not be able to pay me back ever. I spent $7000 for a camera that the company uses regularly and has earned them over $30,000 just from this camera. I still have not been paid for the camera and I asked for its return (although I would rather have the money) but my father refused to return it. He said he will make future payments.

Bottom line is I appealled the decision to deny me benifits, but I need to know did I have a legal right to quit and still collect unemployment benefits? I feel like I could not continue to work there because the company made no effort to pay me back, while the owner of the comapny took all the money out of the firm and did not even come to the office himself but 2 days a week. I appreciate any legal advice. Thanks

 

[pattytx]

Assuming your primary reason was because you had thousands of dollars in expenses may be a good personal reason, but it is not generally going to be seen as a good enough reason for UI benefits. That's because, if there was a contract requiring such reimbursement (there is no wage and hour law requiring business expenses be reimbursed), you could have sued (father or not).

It is not illegal for an owner to run their own company into the ground. I could say what type of father treats his own son that way, but that's not a legal answer, that's from my gut.

You can appeal on the paycheck issue, but I wouldn't be terribly optimistic, especially if there are no current paychecks still non-negotiable. The state will likely ask you what you did to resolve the issue(s) that caused you to quit.

 

[swalsh411]

Patty, I respectfully disagree.

On payday, I am not able to cash my check due to lack of funds

It is well established that not getting paid is a very good reason to quit and not be disqualified for unemployment.

If this bad check is/was not immediately rectified by your employer then I don't think you will be disqualified because you quit.

 

[pattytx]

But the OP also said

I have cashed all my back checks so far

Expenses are not wages.

 

[cyjeff]

Expenses are not required to be paid in Illinois.

Have you filed them on your tax returns as business expenses?

 

[swalsh411]

But the OP also said


Expenses are not wages.

I am aware that expenses are not wages but the OP said that "on payday" he cannot cash his check so I believe he is talking about wages.

 

[justalayman]

On payday, I am not able to cash my check due to lack of funds, although I have cashed all my back checks so far

OP has never said how long he had to wait to cash a paycheck. Since all paychecks have cleared, it's hard to claim you were not paid. Granted, it might not have cleared that day but unless it has been beyond any applicable statutory period that an employee must be paid that he had to wait to cash his check, I do not see the check not being able to be cashed that day as just cause to quit.

 

[pattytx]

OP has never said how long he had to wait to cash a paycheck. Since all paychecks have cleared, it's hard to claim you were not paid. Granted, it might not have cleared that day but unless it has been beyond any applicable statutory period that an employee must be paid that he had to wait to cash his check, I do not see the check not being able to be cashed that day as just cause to quit.

My point exactly.