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Can I get unemployment?

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16eyes

Junior Member
What is the name of your state (only U.S. law)? ILLINOIS (LAKE COUNTY)
My husband has been laid off for 5 weeks. On the afternoon of Thursday, 12/4/08, I verbally advised my boss that since my unemployed husband was offered a position with a company in California that I would be moving most likely at the end of the month. This was a "heads up" conversation and I was trying to give as much notice as possible so that I could potentially help train my replacement. On Monday, 12/8/08, I asked my boss if my notice needed to be in writing. He said yes. I told him I would submit it in writing to him and our HR department when I knew the exact dates and details. The next day on Tuesday, 12/9/08, my husband found out that it had fallen through with the CA company so I told my boss excitedly that I wasn't moving and I could stay. I didn't think that anything had been done to replace me yet and I was happy. He looked at me and simply replied, "This just changes everything." About 10 minutes later our HR manager came over to me and said that she heard I was leaving. I told her I wasn't leaving and she told me not to say another word until I read the letter that she handed me. The letter was in an envelope that was still moist having just been sealed saying that they were eliminating my position because of the economic downturn and that I had turned in notice and that my last day will be Dec. 19 even though they will pay me through Dec. 31. She stood over me while I read the letter and said if I had questions to see her. It is of my belief and one of my co-workers that this was handled this way to keep from having to pay me unemployment. They have taken advantage of the fact that I had enough respect to keep them in the loop of my unemployed husband's job search. I just wonder if I have a case against them for unemployment or what I should do. I am currently still employed here but I haven't replied to the letter that I received (should I?). Any advice would be greatly appreciated because this will put my husband and I both out of work and we have two young daughters at home. Thank you.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
They knew they had to lay someone off. You said you would probably be leaving, so they felt relieved that they wouldn't have to lay anyone off since someone was leaving voluntarily. You then told them you WOULDN'T be leaving but they still had to lay someone off - so they chose you. You should qualify for UC after 12/31.
 

cbg

I'm a Northern Girl
The company has an economic downturn (as did all the rest of the country). You have an employee who has announced her intention of leaving. So when you need to reduce your headcount, which one do YOU elect? The person who has already stated that they want to leave, or someone else who has not suggested anything of the kind?

They put the notice in writing, based on what YOU told them, BEFORE you indicated that you wanted to stay. They already had the letter written up, it sounds like. I assure you that the decision was not made and the letter written in the ten minutes between when you spoke to your boss and the manager approached you. I don't see that they have mistreated you or taken advantage of you; they relied on the information that YOU gave them.

You can apply for unemployment; the state, not the employer, will decide if you qualify.
 

anteater

Senior Member
I just wonder if I have a case against them for unemployment or what I should do....
You don't need to have a "case against them" to apply for unemployment. You just go and apply. They do have an opportunity to object. If they don't, you should be fine. If they do, then you present the evidence that you did not resign and they eliminated your position.

I am currently still employed here but I haven't replied to the letter that I received (should I?).
Did the letter ask for a reply?
 
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