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
- NLRB nominees set for confirmation
- Cut your liability: Suspend and transfer harassers
- Even in California, arbitration agreement can be valid if employee knowingly signed it
- Don't sweat EEOC complaint after discipline if you can prove process was fair