Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation.
But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.
Recent case: Peggy Wilmore retired from the Postal Service about eight months after getting a new supervisor. She then applied for unemployment, claiming the supervisor threatened her and forced her to quit.
But the supervisor said no one ever told Wilmore her job was in danger. That was enough to make her ineligible for benefits. The court ruled she voluntarily left work without a good reason. (Wilmore v. Board of Review, No. A-0628-10T4, Superior Court of New Jersey, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't pile on reasons for firing; you're spoiling for retaliation fight in court
- Alcoholism isn't always an ADA disability
- Make sure bosses tell employees how to report harassment
- Retaliation: Don't sweat link between complaint and firing, if you would have fired anyway