Under what conditions is an employee eligible for unemployment?.

I was told I would have another job, title to be determined. It was also said, under the breath, that were would be a “new person” with my current title. Then 2 days later, it was suggested I apply for another position being posted. If I don’t apply for the other job, and “my job disappears, can I get unemployment? If I apply for another job, while I still have my current one, does that mean I am voluntarily giving up my job and therefore would not be eligible for unemployment benefits if I didn’t get the other job? What if I apply, and after that moment, my job is eliminated,do I qualify for unemployment?

Asked on September 13, 2014 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Basically, if you either resign--not just apply for another job, but resign (though beware: telling your employer you want to take another job could potentially be taken as "constructive" or "effective" resignation; therefore, you may wish to be as quite as possible about applying)--are are fired "for cause," you cannot get unemployment. For cause termination or firing is something like excessive  or unexcused absenteeism, violating your supervisor's instructions or company policy, insuborindation, etc.

If you are let go or laid off for other reasons--restructuring or down sizing; the employer wants to take the position in a different direction and bring in a different person to do your job; a new boss or supervisor just doesn't like you; etc.--you should be eligible for unemployment.


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