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No unemployment for employee who quits to retire

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in Compensation and Benefits,Employment Law,Human Resources

Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation.

But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.

Recent case: Peggy Wilmore re­­tired from the Postal Service about eight months after getting a new supervisor. She then applied for un­­employment, claiming the supervisor threatened her and forced her to quit.

But the supervisor said no one ever told Wilmore her job was in danger. That was enough to make her ineligible for benefits. The court ruled she voluntarily left work without a good reason. (Wilmore v. Board of Review, No. A-0628-10T4, Superior Court of New Jersey, 2011)

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