Can anyone help? I've just quit my job at Wal*Mart can I collect unemployment?

by Tim
(Edinboro, PA, USA)

Hello, my name is Tim and I've worked for Wal-Mart Stores INC. now for almost 2 years.


I recently moved positions in the store from cashier to a member of the back room. Before I was a cashier and I had put my 2 weeks notice in, in December because I was not happy at WalMart.

The manager offered me a position on nights, so instead of quitting I tried to give Walmart another chance, it turns out I LOVED what I was doing, it was perfect for me, I'm more of a backroom kind of person. Well the position needs 5 people right? and when they hired me for it I was told I would be member number 3 of 5, meaning he knew the job needed a total of 5 people.

Right now the job only has 3 people doing it, and with 1 person off every night but Sunday it leaves 2. My job is to take merchandise out to the sales floor that it was out of, and then after my lunch period, I would put away the freight that came in that night.

After I come back from lunch I only have 3 hours to do it...its not rocket science to know it takes more than 2 people to put away Walmarts freight for the night.

My assistant manager would get very irate with us when we could not accomplish what we were supposed to do. So I tried to resolve this conflict numerous times by talking to the Store Manager, and he always seemed to listen and let me rant but did nothing to change it.

I went from not giving Walmart my all to working my ass off and basically being told that it was not good enough. By this I mean it was never said it was always like "why didn't you get this done" and when I told them, it's not like I don't work, I work my butt off and the stuff left is the stuff I did not have time to get to, since overtime isn't allowed I only have 3 hours & when you tell someone that every night it is the same as telling them they are not good enough.

Well last night after the nightly meeting the manager told me I needed to have everything put away, and I politely told her I would do what I could like I do every night and she snapped at me and said there are 2 of you tonight so I expect it to be done! The only times it has been completely done the other managers would pull other people to help. This manager does not.

I tried to explain to her why I was stressed out. I told her I feel like every night I come to work for Walmart I am being set up to fail. By that I mean there is way too much work for 2 people to do. She got very standoff-ish and kept telling me since there was 2 we needed to get it done and if we "raise the bar" and "increase productivity, we can do it" I cannot do or give anymore than I already do.

Well needless to say the last time she told me to go back to work and to just "get it done" I told her she needed to help me or find me some more people to help get the job done. She pulled me into the office and was talking to me about being
insubordinate for not following what she said. I politely told her that here is my Telxon ( hand held computer device ) and my name badge and said she can do it herself since I am not good enough and that I quit.

Now I really liked what I was doing despite not really caring for the company, but I was finally happy in a job and then they have to start riding me, there is only so many nights one person can take that before they just crack, and last night was my breaking point, I need a job and a stable one but its not worth being belittled every night at work.

Would I be able to collect unemployment even for a short term while I am looking for employment?

Thank you for all your help,

Tim



Hi Tim,

Well now, let's break that story down.

You were unhappy as a cashier, but the employer "recently" moved you to a job you loved. So they did try to work with you.

But apparently even this employer is cutting cost and the workload was overwhelming because the job was insufficiently staffed to complete the job.

You complained to the employer repeatedly about this fact and they did nothing, but to continually ask why the job wasn't getting done at which time you would notify the employer AGAIN that it was because of understaffing.

The last occurrence which prompted you to quit was the SAME??? as all other occurrences except for the fact that you were pulled into the office and talked to about your complaining being insubordinate.

Now for some questions..

How long had you been in the nightstocker position? How long did you give the employer to resolve your problem?

Did you write a resignation letter detailing WHY you were quitting?

Were you insubordinate to the manager in front of co-workers??

Were you ever written up for insubordination? Was she going to write you up for insubordination that night?

I almost always read between the lines. And I detect some holes. This doesn't mean much except I can see subjects within your story that will prompt the powers that be to dig deeper.

Tim, I can only tell you that whether you get unemployment will be decided after the state gets information...first from you and then from the employer.

The state will weigh all the facts and decide who was at fault.

You just need to be truthful with the state and present your facts as to why the situation was intolerable and you no longer held any hope that the employer would improve the working conditions, but had decided instead to take a course of action to insist that it was you that needed to "raise the bar" and that expectation was unreasonable of the employer.

There are no guarantees. But your presentation of the facts can be focused on why you believe the employer is at fault for the separation. Irate behavior from a manager is not okay, but neither is it from a subordinate...that's insubordination.

Take your hurt or angry feelings out of the equation...and stick to the facts. Try to remain pragmatic...I know this can be difficult, but it's a better attitude to see things objectively...just like the state will.

A state has the advantage of being able to get information from both sides, so a person needs to think about what the employer will probably be telling the state...because you will need to be prepared to answer questions about what they tell the state too.

Comments for Can anyone help? I've just quit my job at Wal*Mart can I collect unemployment?

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Apr 21, 2012
 Hi
by: Anonymous

I am in the same boat as you I have been working at walmart for 2 years in the back. Being back there you get so much stress and the work over load is unreal. The managers do ride alot harder. I have been asking for a year and a half to be removed from that position, they refuse me everytime I ask but yet they are so unhappy with the work I do.

It is very tiring and stress stressful.
Apr 11, 2013
 Can anyone help? I've just quit my job at Wal*Mart can I collect unemployment
by: GRAVY

Since you quit, You cannot get umemployment at all. You must be separated thru no fault of your own and quitting is considered fault of your own for purposes of unemployment.



Gravy .. you're wrong.

But please do explain why you would promote the same old tired myth that has held employees captives and regardless of how unreasonable their employer may become.

I just wonder why .. or if there is an agenda for statements which can only keep someone ignorant.

Chris


Apr 18, 2013
 walmart
by: Gravy

Chris,

Tell Me Why I am wrong.
I am only stating what the Unemployment office told me when I tried to get benefits after quitting.

I don't profess to be an expert in any way
and if there is a way for me to get unemployment then tell me how to do it. I would be grateful for any help.



I think I've explained very well right here, or any of the articles linked to from that page. It's always the same .. why "individuals" are denied unemployment after quitting a job without good cause .. from Walmart or any other employer.

It' a failure as an employee, to fulfill the burden that good cause existed at the moment of quitting. It's nearly impossible to do after you quit .. because after you quit, you have no room to pursue the creation of good cause while you're still employed with choices to make about what might be good evidence for unemployment benefits.

When you made the blanket statement that quitting prohibits you from collecting at all .. or when the unemployment department told you this .. it's like the law is being ignore to me and every set of unemployment statutes says that benefits are payable when the claimant quits with good cause.

The problem however at least as I see it, is that when A damn unemployment depts. promotes the myth in general terms, they are also, keeping all employees in the dark about what can constitute good cause ..

If told the truth, that it is possible to quit and collect, maybe employees might wise up and quit being so damned afraid to speak up for themselves at work when they know something is skewed in the workplace.

Knowledge really is power you know .. and there have just been too many people denied the basic right to unemployment benefits for any employee to stay ignorant about how it really does work.

UIB's are basically an only protection employees have from what is often disparate and arbitrary enforcement of rules used to bully subordinates into submission merely because of a supervisor disliking a subordinate. It literally, makes me sick when as a customer in a store, I see it happening to someone. All I want to do is call and report the abusive manager .. but it's not my place .. it's that employees place.

I wonder sometimes what would happen if employees pulled together to make their workplace right instead of cowering in fear not cower in fear, never speaking up in defense of themselves or another what would happen. Would it get the attention of all those HR folks that do their best to train the managers to be better leader .. with the all important emotional intelligence they want from managers and supervisors today?

If you read "right here" you'll notice I don't say quitting and collecting is easy .. However, I'm a firm believer ignorance is what keeps workers down feeling oppressed and anxious about going to work .. and trying to keep (preserve) their jobs, or at least, a valid legal argument to quit with good cause.
Sep 08, 2014
 walmart
by: Anonymous

I have been working for walmart and sams club for almost 5yrs. An I can tell you that it has been the worse and more stressful place to work. They don't care about the employee they just want things done. Now im getting treatment for depression severe with psychoses. I have been in the hospital twice in last six months do to my stress and depression. I want to quit but is so hard to find a job and i have 3 kids.They know my condition and they told me that they wont let me go, if I don't want to work there it was on me. Is so stressful :(
Sep 16, 2014
 no unemployment for quitters
by: Anonymous

you can only receive unemployment benefits if you are fired or layed off






Enough already anonymous

You have no idea how many times that comment has been made here. Although I'm prone to just delete stupid statements, it's such an ignorant statement as to drive me to distraction on certain days.

Ever read an unemployment law in your life?
Or, even peruse the UI law state comparison charts where it says the following right before it gets into comparing common good cause reason to quit state by state?




Good Cause for Voluntarily Leaving—

In all states, individuals who leave their work voluntarily must have good cause if they are not to be disqualified.

In many states, good cause is explicitly restricted to good cause connected with the work, attributable to the employer, or involving fault on the part of the employer. However, in a state where good cause is not explicitly linked to the work, the state may interpret its law to include good personal cause or it may limit it to good cause related to work. Since a state law limiting good cause to the work is more restrictive, it may contain specific exceptions that are not necessary in states recognizing good personal cause. (For example, an explicit provision not disqualifying an individual who quits to accompany a spouse to a new job might not be necessary in a state that recognizes good personal cause; it would be necessary in a state restricting good cause to that
related to the work.)

Now go lay down, or get a brain that actually is capable of thinking for it's self.


Chris
Apr 03, 2015
 illness
by: Anonymous

I been at Wal mart 2 years in June I have asked over and over to change positions I keep getting denied I have sleep apnea and I am a diabetic and a disabled son they refuse to work with me I have missed work a lot because all of the above.

I've asked for medical family leave but they keep telling me we will get the number to you weeks go by and my points built up.

Just 3 days ago personal called me and gave me a option to start my termination paper work or call the number and try and get leave for a while if I tell them to get my termination papers ready will I get unemployment or if I get a no call no show will I get it
Apr 03, 2015
 Knowing the state benefits would be coming from
by: Chris

The name of a state is good to know as to how to answer the unemployment question about quitting due to illness, but that's not why you're asking about quitting Walmart if I'm reading you right.

Pursue the FMLA option .. it's important for purposes of unemployment.

Never no call/ no show even if you're sicker than a dog.

And try reading some question here about FMLA and unemployment benefits.

Try the search bar.

And while you're at it .. see if a lawyer will talk to you about Walmart and whether they are currently violating your fmla rights, or even those you may have because of an illness covered under the ADAAA .. sounds like a bit like possible disability discrimination to me .. but then, I'm not an employment lawyer .. I just connect dots employer actions to how UI benefits work.

Did I tell you .. DON'T QUIT NOW .. it would be a bad move.
Jul 16, 2019
 Walmart termination
by: Anonymous

I have the same problem. I have recently been laid off from Walmart.
Oct 08, 2019
 Need Help with Question
by: Anonymous

I had a part-time position that I was working at Walmart during the past summer. I started in July. I started off as a cashier, but then after a month
I was transferred to the back after making misscans. I worked in the back a few days, but then I was transferred to the Garden Center.

Since I have severe allergies, I started getting sick. The new assistant manager would constantly bully me and harass me. I missed 3 days of work due to illness and stomach problems that I would at night.

On my last day, the assistant manager kept harassing a new fellow employee and I on the same day. I felt intimidated and it seemed like the assistant manager wanted to start a fist fight. Fearing for my safety, I quit my position.
Can I still collect unemployment?


Hi,

You offered three reasons to quit a job, that I think of generally, as having the possibility an employee might be able to work with while employed, but only if they want to establish evidence (paper trail) that supports they did meet the burden of proof of quitting with good cause .. after quitting.

1. A health issue caused by the work conditions, when you were moved to the garden center.
2. Intolerable working conditions which you tell me amounted to a manager bullying and harassing you, a subordinate employee subject to a manager's directions and control while at work.
3. Fear for your physical safety at work.

But, you mentioned nothing of the efforts you made prior to quitting that is part of the burden a person who quits a job has to make to first preserve their job.

Although I don't know what Walmart's attendance policy is .. three days of calling in sick seems like it would of opened you up to a write up, but then if an attendance issue, or write up is caused by illness of any sort, you should understand why my basic advice is to support those absences, as being reasonably beyond your control, with dr. notes .. in case the employer decides to fire an employee for some reason other than willful misconduct, after applying for unemployment.

Additionally, I also advise anyone being written up for something they don't think should be considered to be work misconduct .. to counter document on a written warning, or if no space for that, to add "see attached statement" next to their signature on the write-up.

And all because I see the ability to collect unemployment benefits much the same way as I see an employer's ability to better the odds of denying benefits.

It's important to protect your ability to prove, or rebut facts, as long as they are relevant to the moving party's ability to meet the burden of proof at an unemployment hearing .. which in my mind .. is much easier done before any individual quits, or gets fired from their job.

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