Would I qualify for unemployment benefits?
Find answers to your legal question.
Would I qualify for unemployment benefits?
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I live in Wisconsin. My employer and I are having some pretty major differences in the operation of the business where I work. Some of these issues are legal matters, where he has asked me to do things that are illegal, and I've refused. Some of the issues are not legal in nature, but rather a matter of conscience. I have not been outwardly insubordinate most of the time, but have expressed my concern over some of these issues to him. If my employer ends up terminating my employment, and does not seek to work these things out with me, when I've expressed a desire to do what I can to work out the issues, would I qualify for unemployment compensation in my state? What qualifies you for unemployment compensation? I've heard that you could be fired, and get unemployment compensation. But what about the cause of the firing? What reasons for firing entitle you to unemployment compensation? What about "quitting with a good cause?" What is considered a "good cause?"
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Charis P
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While the law does vary from state to state, it is generally consistent that if you voluntarily leave your job, you are not eligible for unemployment benefits.
However, Wisconsin's labor department lists a non-definitive list of common possible reasons for ineligibility here:
http://dwd.wisconsin.gov/uiben/handbook/english/contentspart6.htm
It lists among those reasons "quit a job without good cause" which implies that one can receive unemployment benefits if one quits a job with "good cause". It does not provide any example of what constitutes good cause.
Your employer cannot terminate you for insubordination if he asks you to do something that is illegal and you refuse to do so. Your employer can terminate you for insubordination if he asks you to do something that is legal but goes against your conscience and you refuse to do so. Termination for insubordination can result in a denial of unemployment benefits.
There are also of course other requirements you have to meet that vary from state to state, e.g. minimum number of hours worked and wages earned, which have nothing to do with how one ends up unemployed.
Source(s):
http://dwd.wisconsin.gov/uiben/handbook/english/contentspart6.htm
Past work in consultation with labor attorneys |
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sherilasvegas
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First of all, DO NOT, DO NOT quit. You will seriously bury a hole for yourself. Wait for him to fire you. Also, Call the Department Of Labor and the Unemployment Office and ask them. If there lines are busy, write a letter. Atleast with a Certified Mail letter, it will strenghthen your case incase you are fired. You CAN remain anonmynous, but the Unemployment Office and Department Of Labor will probably protect your identity. Just make sure you ask them to.
I am certain you will be granted Unemployment Insurance Benefits. |
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