My husband was offered a voluntary layoff, if he accepts it, is he still eligible for unemployment?

Question Details:

My husband was offered a voluntary layoff. If he takes it, will he be eligible for unemployment? He's only been with the company for 5-6 weeks and they are having him perform every other job other than what his job description is. Secondly, where would the unemployment come from? We moved from Kansas to Missouri 3 months ago.

Asked 11/12/2009 under Employment and Labor | 502 View(s) | More Legal Topics

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Employment and Labor Law Answers

According to the Missouri Department of Labor, when you file a claim, you must report all your employers for the past 18 months, including those from another state. So you can apply in Missouri and then the state will request the wage information from Kansas.

I do not know if a "voluntary layoff" is considered a voluntary quit or not. Usually, one is considered ineligible for benefits if he quit voluntarily. But there are usually exceptions. Your husband's situation may be an exception since technically a layoff is not quitting. One precaution to take is make sure that the employer clearly and in writing states that your husband is being offered a voluntary layoff and the reason for it. You may also want to contact the Department of Labor and see if they can tell you if a voluntary layoff is considered quitting and what your husband's rights are in that situation.

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