If I have been given my final warning notice for not meeting my goals, will I be eligible for unemployment?

UPDATED: May 4, 2011

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If I have been given my final warning notice for not meeting my goals, will I be eligible for unemployment?

Also, since I have been given my final warning notice for not meeting my goals and knowing it is a matter of time I will be fired, can I resigned and be eligible for unemployment?

Asked on May 4, 2011 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If you quit or resign for pretty much ANY reason, you can *not* collect unemployment.  (There is a narrow exception for "constructive termination"--when the employer forces you out--but this usually applies to being transferred from day to night shift, or from a local office to one 3 hours away.) Even if you "know" you will be fired, you have to wait until the axe drops in order to receive unemployment. (Nothing stops you from looking for a new job, however.)

2) Note that if the employer chooses to characterize your termination (when it happens) as being "for cause," then you might not be able to collect unemployment. However, for cause termination is typically more than not meeting goals; it's violating policy, excessive absenteeism, insubordination, theft, etc.

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.

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