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I quit a job took a new job, but it isn't working out

by kurt
(NY Unemployment Benefits)

I have worked for a construction company for 7 years in a local labor union. I get laid off every year usually from the middle of november to april. I quit this job recently (two weeks ago) and started a new job. I'm finding out this new job is not working out. The hrs of this new job are from 4pm-midnight. which has created some family issues already and the pay is quite less from my previous job. I want to know if i quit this new job and go back to my previous job, will I be able to collect UI benefits when I get laid off in a few weeks or less. When I left my previous job, I left on good terms and was told if I want my job back, it would be there for me.

Hi Kurt,

I'm glad you haven't quit yet.

You might want to read what I have to say about accepting a job and what NY unemployment has for you to determine the right course of action for yourself.

New York unemployment benefits when refusing a job.

When you quit a job in New York

I'll give you a hint. When someone quits one job for another .. the main concern is that the earnings from the most recent work be able to purge the disqualification that is imposed for quitting without good cause .. should the new job not work out for some reason.

What that disqualification might be for quitting without good cause can be easily found in the non-monetary chart book located at the USDOL and it tells the disqualifications for each and every state .. including NY.

So, your problem is slightly unique.

I already know, just from what you told me that you didn't quit with good cause because the new job paid less and it was a shift you must have been aware of when you accepted it .. therefore .. you can't claim you were misled at time of hire about the "suitability" of the work to you.

(However, there are some states that have provisions for construction workers that have been notified of a date for layoff that provide a quit is with good cause if within some time parameters established in the provision. Colorado is such a state.)

But even such a provision wouldn't cover the unique part of your problem and one you now have to figure out. Whether if you quit the new job and go back to your old job .. will you earn enough to purge the damn VQ disqualification for this new job before you get laid off from your new/old job for the winter.

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