They think I'm about to quit, but I haven't confirmed when or if it's for sure. But they're trying to find my replacement already. Will this still keep me from receiving unemployment?

by worried
(Alabama)

I'm in Alabama. this is a weird situation. I have a fiance, who is about to get a job in another state. Of course I made the dumb mistake of telling a few coworkers. Anyway, word got around to my boss, who said that he didn't want me to go, but he has to have someone for my position if I leave. So he's already interviewing for it. I tried to explain that nothing is totally set in stone yet and I don't feel comfortable knowing that they're already brining someone in. I wasn't going to give an official notice until My fiance actually signed the hiring papers. and even then i was going to give them at least a months notice. So, if for some reason things fall through, and I have to leave (even though I didn't give an official notice as to how much longer i was going to be there), would I be eligible for unemployment benefits? I kinda feel like I was layed off nicely? I really didn't know how to feel about the situation.



Hi Worried,

When you say "and I have to leave" do you mean if they tell you they have to let you go because they can't be without someone in your position?

I'd say the situation sounds very similar to what happens when someone quit a job in anticipation of being discharged.

When someone quits in anticipation of being fired it is without good cause.

A discharge must be for misconduct.

On the other hand your personal business that might eventually lead you to quit to follow your fiance would be without good cause as well.

But I understand you're trying to explore contingencies should the worst happen before you're ready to leave your job.

Personally, I can see the employer's point of view, but I can also see that if you are asked to leave premature of any decision to resign voluntarily the testimony at an unemployment hearing would end up being subject to a hearing officer's decision being made on he said, she said information and a call being made on whose testimony sounds most credible.

If it were me, I'd nip that in the bud by documenting in an email to the employer what was discussed with regard to your intent not to quit until some yet undefined date far off in the future .. before the employment is ended one way or another.

It could clear up for the those who get to decide the fate of your claim .. whether you actually quit voluntarily, or were fired for something other than misconduct .. such as a mere convenience for the employer to make sure that the position would never be without a warm body.

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