If I’m on a temporary layoff and just got called back, will it be considered quitting if I ask for a week delay in my return?
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If I’m on a temporary layoff and just got called back, will it be considered quitting if I ask for a week delay in my return?
I received a temporary layoff a few weeks ago. My employer is now calling me back and requesting I return on a specific date. I stated I had prior commitments and could come back the following week. They stated if I didn’t come back on the date requested that they would take that as I was quitting. Is this right? I am currently on unemployment so if I don’t go on that date is that taken as me quitting and will it void unemployment? Also, if a big reason for not wanting to return is due to unethical and illegal practices, would I be able to continue or appeal if I lost unemployment benefits?
Asked on February 21, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) If an employee does not report to work when the employer asks them to, that can indeed be considered a voluntary termination of employment (e.g. resignation or quiting).
2) If you are considered to have voluntrily left employent, you would not be eligible for unemployment compensation or benefits.
3) You can certainly try to appeal on the basis you describe, but all appeals are risky--many do not succeed. You cannot assume you will prevail.
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