Unemployment?

[Princess13NY]

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

I got laid off in January of 2009. I open an unemployment claim and i filed for 6 weeks.
I then got a job, I knew within the first week I made the wrong choice. My boss is a drug addict and I am scared about what he will do next. Its a horrific place to work in and I cannot take the abuse anymore. I have made attempts at trying to save myself from having to quit, but I cannot any longer.

I know since I have a claim open already, I would just have to re-open that claim. And since the company laid me off in January is responsible for the unemployment claim, the company I am leaving would not be notified? Correct?

I feel that I have just cause to leave my job. And I could prove it.

I dont think I would have a problem re-opening my claim. Any thoughts?

 

[Beth3]

You can't just reopen your prior claim. You need to refile for benefits and the UC office will determine if you are eligible based on the reason you quit this job. Yes, your current employer will be notified of your claim as you are now making a claim against the UC account of your new employer and they will have an opportunity to challenge your eligibility based on your voluntarily resigning. Whether the situation you describe constitutes "good cause" to quit and still collect UC benefits is unknown.

 

[cbg]

I can't promise you that your current employer won't be notified; they very well might be. But they will not be affected by your current claim as it was already in place before you went to work for them. If you have to file another claim NEXT year, it might affect them.

But if you quit your job, there's no guarantee that you'll be able to reopen your claim as quitting is usually a disqualifier for benefits. The burden of proof will be on you to show not only that you had a good reason to quit, but that your reason constituted good cause to quit and still receive benefits under your state's laws. The two standards are very different, and the standard for the second is MUCH higher.

I would not quit and expect to receive benefits without reviewing your situation with the state UI office, an employment attorney, or both.

 

[commentator]

commentator

First, be sure you have "attempted to resolve the problem(s) before quitting." This would mean making the employer aware of the problems you're having with him or the job or the work. If he wants to fire you, so much the better. If you re-open your claim, your eligiblity for benefits will be based on your reason for leaving this last job as long as he was a tax-paying employer, you were not a contractor, were not working "under the table." If that were the case, you'd just go re-open your claim, no harm no foul.

But if he put you on the payroll, and he's a legitimate NY unemployment tax paying employer, the reason you quit or are discharged will be the determinant on whether you get to draw those benefits you already set up for when you were laid off before.

No, the benefits would not be coming from your most recent employer's tax account, he would not be charged for your unemployment now; but later, as in next year, it will affect his tax rate. So he's probably not going to be open to just giving you a lack of work separation notice and a handshake.

Good cause for quitting a job is, as someone has already mentioned, a fairly strict interpretation. If I were you, I would write down all the problems I am having with this job. And then see if I can pick out the most serious, long term, important reason, and use it as my reason for quitting.

Otherwise you will be getting into what employers frequently do in firing, the "scattergun reason" which is like, "My paychecks are bouncing, my employer throws things at me, I don't have good benefits, it's in a bad neighborhood, the co workers yell and scream at each other, he pinched me...." Too many issues will not win your case. I'm afraid of him and he's nuts! is a little too vague. You'll have to give specific examples of why you had to quit the job, and as I said, pick one good legitimate reason and stay on the facts.

You may want to talk with the unemployment office, but they can't give you specific information until you have actually filed your claim. You may want to look at their website for "reasons to quit." But oh yes, they will research this, not go not just go on and sign you back up.