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Unemployment Question

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lajohnnye

Junior Member
What is the name of your state (only U.S. law)? Michigan
under state law, how long do i have to give an employer to resolve an issue before i can quit. i ask this because i'm told that i did not give my employer time to resolve the issue before i quit. They told me they would have an answer in 3 days but a week passed before i quit.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Michigan
under state law, how long do i have to give an employer to resolve an issue before i can quit. i ask this because i'm told that i did not give my employer time to resolve the issue before i quit. They told me they would have an answer in 3 days but a week passed before i quit.
What was the issue ????
 

cbg

I'm a Northern Girl
Regardless of the issue, there is no statutory definition of "enough time". It's situation specific and a matter of judgement.

But in case there are other, alternate options to you, what WAS the issue?
 

commentator

Senior Member
No, there is no definite time frame that constitutes "adequate time" to resolve the issue. Was this an initial decision? If so, you can appeal the decision and request a hearing concerning the denial. Send in your paperwork within the desire framework of time given, that IS a specific number of days that you have to file an appeal. When you file your appeal, you do not need to present your argument, just say "I wish to appeal this decision." When you are in the hearing, then you present your argument that you did give the employer adequate time to resolve the situation before you quit the job. However you wish to present this and make this argument. Be sure that while you are going through the appeal process, you continue to make your weekly certifications for benefits. If the initial decision is overturned in appeal, you will only be paid for these weeks if you have filed for them.

The ajudicator just looks at what you said and what the employer said, and tries to get a feel for whether you made a sincere effort to resolve the issue, and were left with no other alternative than to quit the job. In other words, no matter how long it had been chafing you, it all depends on how you dealt with it. Did you just gripe to others, get mad about it, and then walk in and tell them, "If you do not fix this I'm quitting.....!" and then quit after a week, or did you go to your supervisor, say there was a problem, ask them what they could do, when you might expect to see a resolution, give them a reasonable amount of time to resolve the situation? Before you quit, did you ask again, and then after being told it wasn't going to be fixed, then you quit, or did you just decide to quit because you were tired of waiting? (and of course since we don't have any idea as to what the issue was that caused you to quit, we're all just generalizing here).
 
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swalsh411

Senior Member
It depends entirely on the severity. If you are being physically assaulted at work you should expect your employer to correct the issue immediately.
 

cbg

I'm a Northern Girl
On the other hand, if your co-worker is making snarky faces at you, your employer should expect you to act like a grown up and ignore him instead of asking the employer to make him stop.
 

applecruncher

Senior Member
Also curious about what the actual issue was. Were you assaulted or threatened? Was there sexual harassment? Was your workplace unsafe in any way? Were you asked to do something illegal?
 
What is the name of your state (only U.S. law)? They told me they would have an answer in 3 days but a week passed before i quit.
I doubt you can collect. If it was an issue of public concern then you could have called an appropriate agency and filed a complaint. Anything else, well you quit. I see no evidence of a constructive discharge which are very very rare.
 

commentator

Senior Member
There are certainly some appropriate job related reasons to quit and still receive unemployment insurance. It's not a given that voluntary quit = no unemployment. It's just less likely than when someone is discharged, because when there is a discharge, the burden of proof that there was a valid misconduct reason is upon the employer. When the person decides to quit, the burden of proof is on the employee. That does not mean, of course, that when there is a "forced quit" in other words the person is compelled, threatened or bribed in some way to SAY they quit, even though there ws no other choice, that it would even be considered a quit.

The most common example of what is often considered a valid job related reason to quit is that wages are not being paid. Nobody reasonably expects you to continue working (more than a very short time) and hold on without being paid, even if you do contact the wage and hour division. Another example is blatant sexual harrassment, no one expects you to stay at a job where you are being subjected to embarrassment and verbal assaults (which would not be enough to enable you to call the police and press charges) until you could complain to the EEOC and have redress that way.

And interestingly, it varies a bit from state to state, what they may see as a valid reason to quit a job. Most states do say that it must be a job related reason (in other words, losing a babysitter, or a desire to move is usually not considered a good reason.) In some states, leaving the job to care for an ill family member may be okay. In some states, relocating with a military spouse is an acceptable reason to quit the job. But some states are more "employer friendly," Some are a little more lenient toward the employee.
 

applecruncher

Senior Member
Unless the OP provides information about why s/he quit the question about getting unemployment can't be accutately answered.
 

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