Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Today, my boyfriend was forced to put in his two week's notice by his manager.?

The manager then told him if he walked out of the job, he would not support his unemployment benefits. Is this legal?!

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  • 2 months ago

    If you hold most any position, except short term casual, you are expected to give adequate notice to vacate that position, which supposedly gives an employer time to fill the position.  No employer can FORCE you to stay, but don’t expect to be rewarded for walking out or to receive a good reference.  Walking out a job, without giving adequate notice can be a big setback for an employer, more so than an employee.  If your boyfriend does that he is most likely leaving without a reference and likely to have a difficult time explaining to another prospective employer why he left that job.  You did not explain why your bf wanted to walk out of his job.  If he was getting harassed that may be grounds, but best take that up with hr.  Employers usually want to hire people that show company loyalty etc., not ones that walk out on jobs without good reasons.  What the employer is saying is that he is not going to lie and say your boyfriend was fired (so he can receive benefits) but the truth that he walked out (so he cannot receive benefits).  So best to bite his tongue and give adequate notice, if he really cannot tolerate the job long enough to find another position first.  His chances for re-employment will not be good as it is.  Basically only ever walk out on a job if you can really afford to do so, without receiving any unemployment benefits.  You are far better off finding another job before giving notice on an existing job, as prospective employers always prefer workers that are already proven workers.  Just the way it is.  Good luck.  I once walked out on a job I had as a junior, as I was being harassed and never returned.  I did not qualify for unemployment benefits and the employer told the employment office I could return anytime.  No way was I going to do that.  It took some time to receive the final pay that was due to me, but fortunately for me I found a far better job in a couple of weeks.  Trying times as I was not wealthy.  I don’t recall mentioning the job I had walked out of but I was extremely lucky to find the new job I did, probably because I was free to start immediately.  These are far more difficult times for job seekers though.  Your boyfriend could try to politely ask the employer to fire him, come to some sort of agreement that way, and perhaps he would qualify for unemployment benefits and even come out of it with a reference too.  

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  • P
    Lv 7
    2 months ago

    To get unemployment benefits you have to work up until whatever date your employer requires you to until they tell you that you no longer have a job and cannot come to work. 

      If you walk off even a day before that then it's considered quitting and they can and will deny you unemployment benefits.  Employers have to pay a good portion of the unemployment benefits so they will definitely follow through.

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  • 2 months ago

    It seems like his manager is trying to set it up so he does get unemployment. Howsoever, I think that if you resign from a job you don't get unemployment. I could be wrong, but do check first before your boyfriend resigns. I actually thought that getting laid off would provide unemployment benefits.

    Do some research on the workers compensation and unemployment compensation laws in your state. I think you can find that information on your local Department of Labor website.

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    • Carlos
      Lv 4
      2 months agoReport

      Let the boss fire him for false or something petty so your bioyfriend can get umemployment benefits if he been there long enough

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  • 2 months ago

    Try getting a laywer.. good luck! Sorry this happend to you! 

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  • 2 months ago

    He WAS NOT forced to put in notice. In  fact, nearly the OPPOSITE happened. He was told that if he quit, the company would state that he quit if he applied for unemployment. It is 100% legal to inform someone you intend to tell the  truth.

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  • 2 months ago

    It is true that if he walked out of the job he would not get unemployment benefits. It is, however, also true It is true that if he quit the job he would not get unemployment benefits.

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  • Eva
    Lv 7
    2 months ago

    They can't force him to resign. They are doing that so they can call it a voluntary quit and he won't qualify for unemployment. If he walks off before his notice period, they will definitely report it as a voluntary quit. Hopefully he didn't put his notice in writing. He should let them lay him off or terminate his employment.

    • STEVEN F
      Lv 7
      2 months agoReport

      They are CORRECTLY stating that walking off the job IS quitting.

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  • 2 months ago

    Depends on where you live. Most of the laws regarding unemployment is state laws. So it is different for every state in the US.

    In most states, if you quit a job you can not collect employment. For you to collect, the company has to be the one who give you the notice. It is legal for a company to give you a two week notice that your job will be ending.

    If the company is the one who lets you go, then you can collect unemployment. If you quit, leave before the two weeks are up, or they fire you, then you can not collect unemployment.

    So it is actually a good thing that the company is giving him a two week notice (so he has time to look for something else) rather than just firing him. You should be glad that they are doing that so that he can collect the unemployment.

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    • STEVEN F
      Lv 7
      2 months agoReport

      The question is DEAD WRONG. He isn't even being permitted to give notice. He is being told walking off the job is quitting without notice.

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  • 2 months ago

    Of course it’s legal. Don’t you think he talked o Human Resources and lawyers first before making his move. 

    If your bf walks out then he quit so he doesn’t get unemployment. If he’s fired then he can get unemployment. 

    • Lili
      Lv 7
      2 months agoReport

      It's not firing if the boyfriend puts in two weeks' notice, whether he does it voluntarily or is "forced" to as the question says he was.

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  • Barry
    Lv 5
    2 months ago

    Forced? How? You bf must be a soft touch. If he resigned of course it's legal. He needs to use his brain in future.

    • Isaac2 months agoReport

      I'd appreciate it if you weren't so rude

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