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Human ResourceAdvice for navigating the modern workplace. Send your career-related questions to humanresource@lifehacker.com. You give notice, but your employer declines your resignation and fires you on the spot. What happens to your unemployment benefits? Human Resource investigates.
Dear Human Resource,
Late last year, I gave my employer 60 days notice of my resignation, which would be effective January 1. Two days after I gave notice, my boss terminated me without cause and stating: “We do not accept your resignation.”
I’m in Massachusetts. I consulted with an employment lawyer here and was told I do not have grounds to sue for wrongful termination. Unemployment determined I was eligible for benefits, and accordingly I received benefits checks.
But after January 1, the checks stopped coming, because my old job told unemployment that I quit. Months later, this remains unresolved, because of a backlog of cases ahead of mine in the unemployment queue.
What recourse do I have? Nothing has changed in my employment situation; I didn’t keep working for them after they terminated me, and they didn’t accept my resignation, so how can they claim I quit a job they fired me from? How can I fight to get my unemployment benefits? My savings are dwindling and there’s no end to this situation in sight. Thank you for any recommendations you may have.
Research local laws regarding unemployment benefits
Your Human Resource is not a lawyer, so I had to speak to some experts to get a sense of the context here—in particular the Massachusetts context. State regulations can matter quite a bit in determining how unemployment benefits are actually administered. So a word to any reader in a situation like this in any state: Start by researching the local details.
The state unemployment agency in Massachusetts is the Department of Unemployment Assistance; you can visit online here. Given the circumstances you describe, you should have received a “notice of disqualification” when your benefits suddenly stopped.
Amy Epstein Gluck, a partner at FisherBroyles and an author of that firm’s useful employment law blog, tells me that this would have been the ideal moment to file an appeal with agency—you’re supposed to do so within ten days of receiving that notice. “If you haven’t received one yet, call and request it,” she adds. “You must continue to request benefits while your appeal is pending in order to receive payment for those weeks if you win.”
(Note that Ms. Epstein Gluck is not offering specific legal counsel here. It’s possible you may want to talk to a lawyer again; more on that below.)
But in the short term, you should appeal—even if you’re now (way) past the deadline, Massachusetts employment lawyer Jill Havens of Havens Law Office tells me. Offer whatever explanation explains the delay, and hope you can get a hearing to make your case.
Getting laid off vs. getting fired
In general, when one files for unemployment benefits, you are asked (among other things) whether you quit or were fired or were laid off or whatever the situation may be. Your former employer is asked similar questions. Benefits are doled out, or not, accordingly.
Ms. Havens (who, of course, is also not offering specific legal advice here) speculates that there are a couple of possibilities that may explain your situation. One is that your ex-employer took a while to respond (and, by your account, responded dishonestly).
The other possibility is, to me at least, more of a bummer. With 60 days notice, you announced you were quitting as of January 1. A day or two later, your employer gave you the boot. For those 58 or so days, you were eligible for unemployment benefits. “But as of January 1, you were going to quit anyway,” Ms. Havens says, channeling the agency’s possible thinking, “So as of that date—you’ve quit.” Ms. Havens says, channeling the agency’s possible thinking, “So as of that date, you’ve quit.”In a sense, your employer is trying to have it both ways.
Pursuing an appeal
Does that mean you simply lose your benefits? It’s definitely possible, but not certain. As Ms. Fisher notes, the unemployment agency should determine whether or not the reason you had for quitting would qualify you for continued benefits. That’s why you should absolutely pursue an appeal. And, perhaps, consider talking to an attorney again.
Note here that you have the right to view all materials related to your claim: possibly useful if you think your ex-employer made a false material statement of fact to this agency about the details of your unemployment, which could amount to fraud.
You mention having consulted with a lawyer earlier, but if you’re not dazzled by the advice you got and would like other options, check out the Massachusetts Employment Lawyers Association—there’s a membership directory listing scores of attorneys focused on representing workers (as opposed to employers).
The best thing you can do is move on
That said, I’m generally very cautious about suggesting full-on legal action if you have other options. By all means appeal to the agency, but I think you might be better off focusing most of your energy on finding your next gig, and leaving this experience behind. You do have some possible recourse strategies as outlined here—but they may not be very appealing, and they are certainly no guarantee.
But perhaps Lifehacker readers (lawyers and otherwise!) will have another take. Speak up in the comments if so!
Send your work-world questions to humanresource@lifehacker.com. Questions may be edited for length and clarity.
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