Unemployment Qualification

[CAPEMAYDUSTIN]

What is the name of your state?California
I was thinking about telling my boss that I am looking for work at other places. If I do so does that obligate me to quit? Does it give them the right to let me go and say I quit? Could I in that case collect unemployment?

 

[pattytx]

Why would you want to do that?

 

[cbg]

While it does not obligate you to quit, they can legally terminate your employment and it is not unknown for that to be considered a resignation. Whether you would or would not be able to collect unemployment is too situation specific to answer.

I would strongly recommend not mentioning your intent to find another job to your boss until you already have a new job to go to.

 

[CAPEMAYDUSTIN]

Does the law require a reason why I would want to do that. I have my reasons, particularly I am super busy, my job should be paying me much more, now is a good time because many people are leaving, my school starts next month, so I either want more pay, a better job, or unemployment. So I want to know if I have a back up plan in the case that the leverage I have on them is stifled by their unbudging policies, or I can't find a better paying job, which in that case I want to collect unemployment, so it frees up more time for me.

 

[cbg]

No one is saying you shouldn't look for another job. Just that you shouldn't tell your boss about it in advance.

Does the law require you to have a reason to do what? Quit? No, you can quit for any reason you want and you don't have to tell your employer what the reason is if you don't want to. But you would be - excuse me - STUPID to tell your boss that you want to leave if you don't already have a new job lined up to go to. Find a new job and THEN tell him.

If you quit you don't get unemployment. It is by no means certain that you would get unemployment if you tell your boss you want to find a new job and he lets you go immediately.

 

[CAPEMAYDUSTIN]

that last paragraph is what I wanted to be addressed but who is it uncertain to? Just you? Isn't there guidelines by which they decide who are elgible for unemployment? I am wondering why it is stupid to tell my boss when I (again) am trying to be promoted and paid more and do not think they cherish all that I do for them at such a discounted worker wage. If I give them the fear perhaps they will accomadate me, I just want to win either way and if I don't actually resign, give them a letter or tell them I quit, then they should have no good reason to let me go.

 

[cbg]

They don't have to have a good reason to let you go. If you let them know you don't want to work there any more, they have no reason to continue to have you do so.

I'm not saying you WON'T get unemployment if you tell the boss you want to find a new job and he says, fine, find one, pick up your last paycheck at the door. I am saying that there is no guarantee that you WILL get it. It is too situation specific a situation to call. Yes, there are guidelines, but how they get applied are going to depend in a great deal on how the adjudicator sees the situation.

It's just occurred to me that I may be misinterpreting your question. Are you saying that you want to find a new position WITHIN THE COMPANY WHERE YOU ALREADY WORK? Or are you saying that you want to find a new job working somewhere else because you feel that the company is undervaluing you? If the former, that might change my answer. If the latter, my answer stands.

 

[CAPEMAYDUSTIN]

I think both of those are viable situations, but yes I do want to be titled for the work I already do. But I do not see them fearing that I am leaving so they don't think they have to change anything and when I have asked they keep putting things off and I feel like I am wasting my time, so I want action and I was thinking telling them that I am looking for another job may make them realize that they need me especially now when 2 other crucials just found other jobs. I can easily find a job but unemployment would be nice because of my schooling.

 

[cbg]

The likelihood that your telling them you want to find another job outside the company will suddenly result in your receiving the valuation you think you are due, is unlikely.

I can't make any guarantees what your employer will do. I also can't stop you from telling the employee you want to find another job elsewhere. You know your employer and I don't.

But if your employer fires you, which is a possibility, and if you are denied unemployment, which is also a possiblity, just remember, you heard it here first.

 

[LorenSterling]

Looking for another job...

You say you want to look for another job, but you are asking about unemployment. You need to be honest with yourself about your motives. If you really want higher pay and you are willing to put your job on the line for it, that's a gamble that is up to you. If you are serious about getting a better job, then look for a better job. What it sounds like to me, is that you don't want to work and you are looking for a way to get terminated and collect unemployment so that you don't have to work while you go to school. No one here can give you a guarantee on the unemployment. Maybe you should be consulting your conscience instead of a labor law advice forum.

 

[pattytx]

And, BTW, what no one else seems to have mentioned here is that 1) when you file your weekly (or biweekly) claim for UI, they will ask you if you are attending school and 2) you have to be available and ready to work to get UI.