An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.
Recent case: Diane was a nursing home food service worker. Someone overheard her saying that a resident who wanted more food should “be slapped.” She also refused to pour a drink for a blind resident. Diane was suspended pending an investigation into the incidents.
She then submitted her resignation and applied for unemployment. She thought she had no choice but to quit since she was probably going to be fired.
An appeals court said that didn’t matter. She was still ineligible for unemployment compensation. (Rethke v. Sunrise Senior Living, No. A11-2118, Court of Appeals of Minnesota, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee can sue for legal fees after winning EEOC claim
- Payback time: Employer wanted its money back—and got it!
- Don't fear lawsuit after mere lateral transfer
- Feel free to reassign employees if it's justified—you won't be liable for retaliation