Can you get unemployment if you quit one (part-time)job while still holding your full time job?

by Sarah P.
(Milwaukee, WI)

I've worked for restaurant in Milwaukee WI for over 6 years. On Nov. 29th the restaurant closed after giving us 4 days notice. We were informed we were all eligible for unemployment.

About 3 months ago I got another job at a different restaurant as an extra source of income. I worked less then 15 hours a week and made less then $100 a week. I worked there for almost a month until the manager accused me of stealing money off of a table that walked out on their bill. He had no proof but because I was their server he said I was responsible for the $60 bill and made it clear to everyone that he believed I stole the money. I've been a server for over 8 years and I've never been accused of such a thing or so embarrassed.

Needless to say, I didn't come in the next day and quit. I didn't want to work with someone who would constantly be watching me like I was a criminal, and it was embarrassing just to be there.

I never quit my other job, and continued to work there. I got one Unemployment check and then my check was held due to eligibility questions because the manager that accused me of stealing sent a letter contesting my unemployment.

My question is why would he even be paying my unemployment if I worked at tumbleweed for 6 years without quitting and they are the ones who closed. Is there any way I can fight this? Thanks.


Hi Sarah,

Okay, the last employment is the deciding employment. You quit this job AFTER you were laid off, therefore, it is the separation that decides the whole shebang.

You will probably need to appeal the determination that you received. This will create a hearing for the separation from the part-time job you quit due to the fact that your employer accused you of stealing and then proceeded to tell everyone else. If you were not guilty, I'd say you had good cause to quit. Who, in their right mind would continue to work for an idiot who accuses them of stealing and then blabs about it to their co-workers...especially without solid proof, thereby damaging your reputation as a honest hard working individual. My opinion is that a "reasonable" person would not.

Wisconsin is a very claimant friendly state. Make sure you appeal the determination and go to the hearing and tell your side. The employer will need to show up and tell his side too. The judge will make the decision about who is telling the truth.

Chris