Quitting one job for another and then being let go due to no fault of my own.

by J
(NYS Unemployment Benefits)

Quitting one job for another and then being let go due to no fault of my own.




On 8/5/11 I left my previous employer to begin working at a new job. They recruited me and I relocated for the position. On 8/14 I broke my leg running in a race outside of work. I returned to work and did actually work to the best of my ability 8/16-8/18. In this time my boss refered to me as "the gimp." On 8/18 I turned in my doctors note (I was given it the day I broke my leg but I wanted to try to work it out). It said I would be out of work until 8/30. My boss said "no problem we can cover it, go take care of yourself.

On 8/27 I received a phone call from my boss and she told me I abandoned my job. I told her I would be back on the 30th if she allowed and that I did not quit. She said that I did quit and that was the end of the conversation.

I sent an email to HR directly after stating I did not quite and I would return as soon as the doctor deemed I could. That I was still interested in my job and that my doctors note outlined my return time.

After speaking with HR they said I did, in fact, quit my job and that I could get NY disability but probably not unemployment.

Now I'm healthy again and able to work AND my job still hasn't been filled!! I spoke with them again saying I wanted to come back and they told me I had to re-apply (I did last week and of course they aren't going to call me)

I haven't been able to register for ANY benefits because this company (my most recent employer) has yet to mail me any paychecks from any time worked.

Will I be able to get unemployment?

Thanks,

J




Hi J, (removed your last name for your own protection when looking
for a new job)

I'm not really concerned about the separation from the most recent work .. because that is not what I would call a quit .. it was a discharge .. despite what they told you .. it's just that it was for something other than misconduct.

The real question is whether the previous quit to accept new work can be with good cause for NYS unemployment benefits to avoid the need for you to purge the VQ disqualification which requires you to earn 5 times your WBA first .. before you can collect on a qualifying separation from the second job.

I'm never sure that I make any kind of understandable sense when I write about disqualifications .. but I do keep trying.

I first checked Table 5-2 at the USDOL. It says NY interprets the issue and that means it possible that there might be good cause. This is always what I check first .. because it is specific to a state's laws as to whether good cause is possible .. or a lost cause.

Then I checked the NYDOL's Interpreservice.

The link above will take you to the closest discussion on the subject of quitting a job to take another.

Although I didn't find a direct reference, I #1 indirectly implies that because you had a definite job offer and actually worked for the subsequent employer .. there is a chance for a favorable interpretation.

Normally, when there are specific provisions for quitting to accept new work the state examines the conditions that existed.

Was the previous job of the stop gap variety? (Even NY has decisions on this).

But, what I think is most important to know is whether it was a unilateral move or a move because the new job paid more.

PA, that doesn't require a quit be attributable to the employment .. doesn't think quitting to take another job that pays the same .. is a necessitous and compelling personal reason to quit, but bump that pay up .. and then yes .. it is.



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