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)
- Track ADA accommodation discussion and offers
- Is it really a policy if it's not in your handbook?
- Taming the paper tiger: What to keep—and for how long
- Before starting ADA accommodations process, ask basic question: Is this employee disabled?
- Bizarre, nonsensical lawsuit? Vigorous response still required