Quitting (with good cause)

[samcitycat]

What is the name of your state? New York

I'm trying to determine if I can quit my current position and still be eligible for unemployment.

The New York State DOL site indicates I may qualify for unemployment benefits if I quit with "good cause" - but I can't find any definition as to what that is - nor can I reach a human being at the DOL to ask.

My employer has been late in paying me on 4 of approx. 8 payroll periods (my contract indicates I'll be paid "bi-weekly") - and has never given me any satisfactory answers as to why.

My performance on the job is not an issue - my project manager and colleagues have had nothing but good things to say about the work I'm doing.

He's given me a "replacement" contract, which is with a different company name than the one on my original contract. Honestly, I don't feel comfortable signing the new one.

I want out of there, because he's just not a good businessman, but I don't want to be left high & dry.

 

[Beth3]

Nobody but an administrative law judge from your State's UC Division can tell you with certainty whether you will be eligible to collect benefits if you quit.

Generally speaking, "good cause" means that the employer has engaged in some prohibited (illegal) activity that gives the employee no option but TO quit (i.e. constructive discharge.) For example, if you were being sexually harassed, had complained to management, they did nothing and the harassment continued. In that example, the employee would indeed have good cause to quit.

No one here can tell you for certain but I expect that quitting because you are periodically paid late and are not comfortable with the terms of your new contract does not constitute good cause - not even close. It is rare that someone voluntarily quitting their job qualifies for UC benefits.

 

[samcitycat]

How about this...

My "current" contract (as even though he's given me a new one, he hasn't declared in writing the original "null and void") has a termination clause stating that he can terminate it at any time, though I am required to give 2 weeks' notice. Can the fact that I've had late payroll problems constitute a breach of the "bi-weekly" payroll agreement specified elsewhere in the contract, and mean that I don't have to give him notice should I leave?

I NEVER intend to work for this man again, so I really don't care if it means he's got a "bad impression" of me.

 

[Beth3]

"Can the fact that I've had late payroll problems constitute a breach of the "bi-weekly" payroll agreement specified elsewhere in the contract, and mean that I don't have to give him notice should I leave?" Maybe. Without being able to see the exact wording of the contract, it's not possible to stay. If you don't give two weeks notice, what penalties does the contract call for? (By the way, we haven't even established that this is actually a bonafide contract.)

In any event, this doesn't have any impact on eligibilty for UC benefits in case you were thinking along those lines.

 

[samcitycat]

"bona-fide" contract

Hmm...what would make/not make this a bona-fide contract?

Actually, there are no "penalties" outlined - all it says is:
"By this agreement, (Company Name) does not agree to retain your services for any definite term. You may terminate this agreement at any time upon 14 days written notice to (Company Name)."

 

[Beth3]

What you have there is NOT a contract, merely an employment agreement/offer of employment. An employment contract will include a specific period of time during which both parties are bound by the terms therein. Your employer clearly states they are not retaining your services for any length of time. You, in turn, have no legal obligation to give them advance notice of your leaving.

 

[samcitycat]

Thanks...

There are "projected" start and end dates outlined elsewhere in the agreement, but I'm assuming that the clause I mentioned in my previous post overrides that?

I know this does not further my case to collect unemployment should I quit, but I already passed up 1 job because I thought I had to give 2 weeks' notice (and they needed someone immediately) - hate to do that again...

 

[Beth3]

I expect so but if you want to be absolutely assured, you're really going to have to show it to an attorney. If the agreement doesn't tie both parties to a specific term of employment (dates or time frames spelled out), not just project dates, it is unlikely it's a contract.