What constitutes quitting/being fired in an at-will state?

[Splicer]

What is the name of your state? California

I'm very unhappy in my current position and am looking for a new job. I understand that this is an at-will state and I could be asked to leave and not come back five minutes from now for no reason and that I can just walk out. It's also my understanding that unemployment benefits are denied based on two conditions: quitting or being fired.

Since it's an at-will state, can I be denied unemployment benefits if I'm fired because my boss doesn't like my looks?

More specifically, I've been told that the financial case for keeping me around is not strong, and today we lost one of our clients. It seems to me that since I hate it here anyway that the best thing would be for me to be laid off so that I won't have to keep showing up here. I suspect that I'll find a new job faster if I have more time in my day to search and interview. I could get by for a short while on unemployment benefits but would not be able to pay rent without a paycheck or unemployment.

My fear is that if I suggest this to my boss that he could claim that I quit for suggesting that he let me go. Ethically, it's my best advice to him: get rid of this employee that hates it here and whose department isn't making the company money. If I weren't me, I'd tell him that in a second. Ethically and morally though I understand that it could be a sneaky way of quitting and could be seen as a "loophole" way of having my cake and eating it too.

The question is: can I suggest this to him without losing my unemployment benefits in the event he takes that course of action? Or should I keep my mouth shut and stick around until I'm hired somewhere else?

 

[Beth3]

Since it's an at-will state, can I be denied unemployment benefits if I'm fired because my boss doesn't like my looks? No. Being an "at will" employee has nothing to do with eligibility for UC benefits. These are apples and oranges issues.

can I suggest this to him without losing my unemployment benefits in the event he takes that course of action? Or should I keep my mouth shut and stick around until I'm hired somewhere else? That depends on how safe you want to play it. If you were to suggest to your boss that he lay you off, I suppose the Company could try to construe that as a voluntary quit. Whether the UC office will agree is a different matter.

By the by, while it may sound appealing to be out of a job you hate so you can look for a new one full-time, this may fall into one of those be careful what you wish for situations. Finding a new job could take longer than you may think.

 

[cbg]

can I be denied unemployment benefits if I'm fired because my boss doesn't like my looks?

It's unlikely. Regardless of whether the state is at-will or not, unemployment is there for people who lose their job through no fault of their own. Unless there are some extreme circumstances, such as your boss gave you specific suggestions about your appearance that you refused to follow, it is unlikely that unemployment would be denied in the circumstances you describe.

My fear is that if I suggest this to my boss that he could claim that I quit for suggesting that he let me go.

He could. And it wouldn't even be inaccurate.'

can I suggest this to him without losing my unemployment benefits in the event he takes that course of action?

There is absolutely no guarantee either way. It's a risk I would not be willing to take.

Or should I keep my mouth shut and stick around until I'm hired somewhere else?

Or until he comes up with the idea of laying you off himself.

 

[Splicer]

By the by, while it may sound appealing to be out of a job you hate so you can look for a new one full-time, this may fall into one of those be careful what you wish for situations. Finding a new job could take longer than you may think.

Indeed, thank you.