Quitting in anticipation of being fired bars benefits — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Quitting in anticipation of being fired bars benefits

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in Compensation and Benefits,Human Resources

An employee who quits because he thinks he may be fired isn’t usually eligible for unemployment benefits. If there was still work available, quitting would have been unreasonable.

Recent case: Giovanni quit his job at a pet store when he was criticized for not selling enough. He applied for unemployment benefits based on his prior job, from which he had been fired. Later, when authorities found out about his pet store job, his benefits were cut off.

He appealed, arguing he had quit because he thought he would be fired for not meeting sales goals. The appellate court said that quitting under those circumstances meant he wasn’t eligible for benefits. There was still work available and he hadn’t shown he was in imminent danger of being discharged. (Giacalone v. Commissioner of Labor, No. 518403, Appellate Division of the Supreme Court of New York, 2014)

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