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Trying to get fired?

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cheapcreative

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

New York.

So I work for a company that was just bought out by another company. I was moved to a new department and given new responsibilities that were not part of my original position and are things I have no experience in or know how to do.

I don't want to quit, for obvious reasons. But if I express to my new supervisor that I did not want to move (they basically wiped out my original position) or request to be placed somewhere else, and I get fired, can I apply for unemployment?

I do not want to get stuck in a field I do not want to be in, and I don't want it to hurt the kind of jobs that I get in the future, so I really do not want to stay with the company. However I would like to have some time to get things in order and think about what I will do next, so although I want to leave I want to try and ensure I can get any kind of benefits.

Is there a best way to go about this? Is it at all possible to try and get fired without quitting so one can collect unemployment?
 


Beth3

Senior Member
But if I express to my new supervisor that I did not want to move (they basically wiped out my original position) or request to be placed somewhere else, and I get fired, can I apply for unemployment? Of course you can apply. Whether you will receive benefits is the question. If your supervisor fires you because you inform him/her that you're not happy with your new situation, that will not prevent you from collecting UC benefits.

Is there a best way to go about this? Not really.

Is it at all possible to try and get fired without quitting so one can collect unemployment? Look - trying to get fired is dumb. For one thing, even if you do get fired and are eligible to receive UC benefits, you can count on a poor reference from this company and that is going to hurt your future employment prospects. Your best approach is to stick with the job you have, put forth your best effort, and look for a new job while you still have this one.
 

ecmst12

Senior Member
The BEST way to go about things would be to stick it out where you are until you find a new job, rather then banking on unemployment which you might not qualify for, might not pay the bills, and might not last until you find a new job.
 

cheapcreative

Junior Member
My former supervisor (still with the company) and other higher ups would give me a good recommendation. I am not entirely concerned about that.

If your supervisor fires you because you inform him/her that you're not happy with your new situation, that will not prevent you from collecting UC benefits.
This is what I need to know.

I'm 25, I'm not ready to give in yet to a job that I hate. I also want to take some time instead of jumping directly into another job. A stint of unemployment will help me have the time to work on things for myself.
 

>Charlotte<

Lurker
I also want to take some time instead of jumping directly into another job. A stint of unemployment will help me have the time to work on things for myself.
That's not how it works. If you receive unemployment benefits, you will be required to actively attempt to jump directly into another job.
 

Zigner

Senior Member, Non-Attorney
My former supervisor (still with the company) and other higher ups would give me a good recommendation. I am not entirely concerned about that.
Really? Two years from now when he's moved on and all you have is a new guy who doesn't know you from Adam...you think you'll get a good referral then?

You are being very short-sighted.
 

commentator

Senior Member
No! No! No! You have totally misunderstood what you've heard or what has been said about drawing unemployment and getting fired. An employee can be fired and certainly not be approved for unemployment. If the employer has a good, valid misconduct reason for firing the employee, the employee is fired legitimately, and he/she does NOT qualify for unemployment benefits!

If you go to your supervisor and say, "I hate this job! I'm not going to do it right, I can't do it, and I wish you'd just fire me!" you may end up fired all right, with NO unemployment. Because what they will ask is, "Did you do whatever you could to try to save your job?" and "Did you try to do the job to the best of your abilities?" If your employer tells the unemployment office that you came in and told him you were trying to get fired you'd very likely be denied benefits.

Unemployment is paid to people who are unjustly fired, who are not fired for a good misconduct reason, or who were not able by their most diligent efforts, to keep from losing their job. It is not paid to people who were given warnings and opportunities to change their behavior and voluntarily chose not to comply, not to try, not to do a good job or follow instructions.

Incidentally, if you quit a job for a good valid work related reason, you can sometimes receive unemployment also. This would be for example if your boss was harrassing you severely and you had proof, if you were not being paid properly for work performed, or the working conditions were dangerous.

But in your situation, unless you are laid off due to lack of work, you are not going to be able to receive benefits. If you slack off and try to get fired, or if you violate a policy that guarantees your firing, you'll be fired, all right, with a good reason, and you will get zilch in unemployment! I cannot think of a way you can pull off being fired without giving them a reason to fire you.

You might try going to your employer, even the ones over your immediate boss' head who like you and are going to give you a good reference, and ask them for a separation notice or lack of work lay off because you want to take some time to find something else. Most employers are not so nice as to cooperate with this, because they do not have to do this, and do not wish to have to pay extra unemployment taxes because you have drawn off them.

But if you quit because you do not like the new job = no unemployment. If you are fired for poor attitude, trying to get fired, or for doing something deliberately to get fired = same results.

Charlotte's right, too you are supposed to begin and carry through a diligent work search according to the requirements placed on you while you are receiving benefits.

Unemployment was never meant to be a little paid vacation when you decide to leave a job you didn't really like and try to find yourself. It's because you were put out of work through no fault of your own, and are able and available and actively seeking other employment.
 
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