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Fired Early After Giving Advance Notice-can't Collect UI?

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stacielynn77

Junior Member
Out of courtesty, I let my employer know in September that I would be attending college full time begining in late December, and would no longer be available for employment (when school started). Within one week a new person was brought in to fill my position. My employer gave me two weeks notice at that point. I was, and still am available for full time employment until school starts. My employer was fully aware of this when she let me go. I tried to file for unemployment, but my benefits were denied after my former employer stated that I quit to go to school. I filed an appeal, and have been granted a hearing in 12 weeks. Should I expect to be denied benefits at this hearing as well? I live in the state of California. Thank you
 
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cbg

I'm a Northern Girl
You were not fired; your resignation was accepted effective after three weeks. You DID quit to go to school. Your mistake was in giving four months notice. What did you expect your employer to do; wait till the last minute before looking to replace you? Why did you give them the notice if you didn't expect them to start looking for your replacement?

Whether you have any chance at prevailing is going to depend entirely upon whether your state's laws allow you to collect unemployment under these conditions. I don't mean to be harsh, but if you've already been denied once, the likelihood of your prevailing on appeal is not great. Not impossible, but I wouldn't be holding my breath.
 

divgradcurl

Senior Member
In general, in CA, if you resign or give notice that you will be leaving at some date in the future (a specific date, not a general time frame), if the company lets you go prior to that date then you are eligible for unemployment, assuming you meet all of the other criteria for qualifying for unemployment benefits.

"If the claimant left employment while continued work was available, then the claimant is the moving party. On the other hand, if the employer refuses to permit an individual to continue working, although the individual is ready, willing and able to do so, then the employer is the moving party."

Morgan v. Unemployment Ins. Appeals Bd., 4 Cal. App. 4th 762, 767 (Cal. Ct. App., 1992)

There are some other cases on this as well, but I can't find my references right now...

However, as cbg noted, your problem is that you quit to go to school, which makes you ineligible for UE benefits, even in CA. However, if you can show the UE Appeals Board evidence that you were resigning effective some day in the future, AND that you are currently ready and willing to work, and actively seeking work, then you may be eligible for UE benefits. You may have a tough time showing ready, willing and looking, but who knows.

Just fyi, though, historically the appeals board only overturns about 10% of the board's rulings, so don't get your hopes up.
 
S

SKCMT

Guest
I live in TEXAS.

What if you NEVER gave a notice to your employer, but discussed leaving with another employee (not of the same company, but in the same place of employment), and HE told your employer you were leaving and when? Is that a notice? My UI was denied because the employer said I quit and gave notice to HIM. Was constitutes a formal notice?
 

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