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Quit or fired? Answer affects whether you pay unemployment

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in Human Resources

How an employer handles an employee who doesn’t show up for work can mean the difference between paying unemployment compensation and not being liable.

Recent case: Ceqethia Chatman worked for Speedway SuperAmerica on the 10 p.m. to 8 a.m. shift. When her supervisor told her she was being moved to the 2 p.m. to midnight shift, she protested.

Chatman tried to get someone else to switch the next day’s schedule with her, but was unsuccessful. Chatman then didn’t come to work, and her supervisor called and left a message saying, “If you do not show up to work, we will assume you quit.” She filed for unemployment.

Her claim was denied. Because the employer basically invited her to come to work and did not fire her, she was not eligible for benefits. (Chatman v. Speedway SuperAmerica, No. A07-1807, Court of Appeals of Minnesota, 2008)

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