For unemployment insurance, can I consider myself fired if my employer failed to pay me on the agreed payday because he “forgot”?

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For unemployment insurance, can I consider myself fired if my employer failed to pay me on the agreed payday because he “forgot”?

He also stated that he “didn’t want to drive back to the office” to write me a check on that payday? This was the 2nd week in a row that I did not recieve a “regular” payroll check like the other employees.

Asked on May 14, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, this would not be enough to be considered to be "fired" for unemployment purposes. If your employer continues to not pay you, then it may be sufficient; but if the employer simply delays your payment for a day or three each time but does ultimately pay you, that is not sufficient to be considered "constructive" (or effective) termination. If you quit, it will be considered a voluntary separation from employment and you will be ineligible for unemployment insurance.


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