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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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