Let go over ...please help

[tomboy4u]

What is the name of your state (only U.S. law)? Tennessee

I started a new job Aug. 8 2009. My friend knew I was looking for a new job. She told me she had applied for a different position in her agency and if she got that position then her job would be open. To make a long story short. She got the new position and I applied at this agency and got her old job. .I was told yesterday at my job I was being let go on Monday Feb. 8th. Reason: The person I replaced 6 months ago position was being cut and they where going to gave her old job my position to her in all fairness they said. Can they do this? They told me I could not apply for unemployment. They are exempt from paying unemployment due to being a religious agency.What is the name of your state tennessee. Can they do this? and can I apply for unemployment even though they said I could not?

 

[Beth3]

Yes, they can do this. It's a lousy deal for you but it's legal.

BTW, you SHOULD apply for unemployment benefits. I have no idea whether religious institutions are exempt from paying State UC taxes but no employer can tell an employee that they cannot apply for UC benefits. The State will determine whether you are eligible.

 

[pattytx]

page 24 here:
http://www.state.tn.us/labor-wfd/Employers/forms/emphand00.pdf

 

[commentator]

There are certain religious entities that are not subject to unemployment insurance (in TN). However, even under these circumstances, she may be able to set up a claim and have money to draw based on her prior quarters of work.

Though you may have voluntarily left your past job to accept the job with the religious agency, go ahead and file immediately for benefits. Do not file on line, since this is not a simple lack of work claim. Call early, between 7am and 8am, not on a Monday, and file using the telephone system. Explain to them about the situation, your being laid off due to the circumstances, and they may actually have to go back to the last job before this one for your reason for leaving. But FILE.

DO NOT EVER listen to your employer about whether or not you can draw benefits in any state~ employers, otherwise well intentioned, and ESPECIALLY religious institutions, for some reason, will lie to you!

Many religious organizations in TN are not tax paying employers, but are what is called "reimbursing employers" which means that yes, they do have to pay unemployment taxes on benefits, but the money is recovered from them on a dollar for dollar basis after someone has filed and drawn a claim. Thus there is a huge benefit to them to have no one filing for benefits!
The place where you hold your job may fall into this category. In any case, there will be no downside to applying for benefits and seeing how things go. Do not postpone this, as you will need the past 18 months of covered employment other places to set up a claim.

DO NOT let the employer try to shame you about doing this, or threaten you, as it is strictly legal, and is not welfare or a poverty based program.