Can my employer stop me from collecting unemployment if he has no work available?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer stop me from collecting unemployment if he has no work available?
I have been out of work for 2 weeks because my employer says the company has no money. I was wondering if I could file for unemployment?
Asked on November 27, 2011 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should be able to file for unemployment when there is no work for you--especially when the lack of work is open-ended (i.e. there is no indication of when they will have work). An employee is not obligated to wait until there is some official statement he/she was laid off or terminated, when as a practical matter, there is no employment for him or her. There is no way to be sure but to file--and no harm in filing, as long as you are honest and open about the facts (which means that worst case, you will be denied but should suffer no other penalties).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.