Unemployment Comp for employee who quit

[HowardC]

What is the name of your state? New York
My stepson quit his job at a big PR firm after 12 years. The first ten years were great, the last two became intolerable. The good work was given to others, his reviews and raises were few and far between (amazingly, his boss admitted after he quit that he was underpaid for his work), etc. I understand that if you can persuade the Unemployment people that circumstances "forced" you to quit, you can still collect unemployment? Is that true? Any advice on how to proceed? Thanks.What is the name of your state?

 

[moburkes]

Well, he needs to be truthful when applying. What circumstances "forced" him to quit before he had another job?

 

[cbg]

He can apply. He can expect the employer to contest. But in my experience unless he was being subjected to ILLEGAL treatment (not just unpleasant or even unfair) it is next to impossible to collect.

 

[HowardC]

Reasons for quitting

As far as his employer is concerned, HR advised him to apply for the unemployment comp, they did not indicate they would oppose it. I have asked him to list the reasons, so far, all I know is that he was underpaid - which they admitted - after 10 years of being given the best, most creative assignements, and getting complimented for his work, they gave the good stuff ot the "new, young person." I know that at the last scheduled merit review, he didn't get one. IT was clear they were putting on the pressure for him to leave. I will post more when I know additional info.

 

[moburkes]

As far as his employer is concerned, HR advised him to apply for the unemployment comp, they did not indicate they would oppose it. I have asked him to list the reasons, so far, all I know is that he was underpaid - which they admitted - after 10 years of being given the best, most creative assignements, and getting complimented for his work, they gave the good stuff ot the "new, young person." I know that at the last scheduled merit review, he didn't get one. IT was clear they were putting on the pressure for him to leave. I will post more when I know additional info.

He's not getting underpaid if he accepted the salary. It simply sounds like the employer was saying "We realize that you were WORTH more than what we paid you". That's not illegal.

 

[cbg]

Just because the employer does not oppose it does not mean he will get it. I've had employees turned down for UI when I did not oppose it, just because the reason their employment ended did not qualify them for benefits.

The fact of the matter is, unemployment is for those who lost their job through no fault of their own. Quitting because he feels his compensation is inadequate does NOT qualify him for unemployment.

 

[HowardC]

Criteria not consistent

Since when is the criterion for paying unemployment that something illegal occurred? Matter of fact, elsewhere on this very website, it says the following:

You may be able to collect unemployment compensation "if the working conditions are so bad that a "reasonable person" would quit" Here is where I got that: http://employment-law.freeadvice.com/receiving_insurance.htm

This is quite different and more positive than what you are saying. Why is that?

 

[eerelations]

It Depends

What your stepson considers to be circumstances bad enough for him to quit may or may not be what the UI people think are bad enough for him to quit.

If the ONLY reason he quit is that he and his boss think he was underpaid for the work he did, the UI people may well decide this wasn't a good enough reason to quit. The only way he can find out for sure is to apply for EI benefits and see what happens (as others here have advised).

(BTW, I once worked for a small company that didn't have enough to pay me what I was worth at the time. I knew this and they knew this - my boss told me this, several times + showed me the financial statements that proved they really couldn't afford to pay me what I was worth - and I didn't quit. Not immediately, but rather about 11 months later, after I'd thought things over, and when I found a company that COULD afford me. I certainly didn't quit right then, nor did I wait 10 years to do so - if I'd waited 10 years to quit and then applied for UI, I'm sure the UI people would've asked me "If this bothered you so much, why did it take you 10 years to quit?")

 

[CheeseBlotto]

Bottom line, it costs nothing to file. You never know, but if I were a betting man, my guess is that he'll be denied.

 

[cbg]

I specifcially told you that I was giving you what my experience has been. In MY experience, the majority of people who quit their jobs do not get unemployment UNLESS something illegal has occurred.

Please tell me why the state should pay him to quit his job so that instead of having SOME compensation he has NO compensation.

And I don't agree with a number of the definitions on this website.

 

[ecmst12]

That's what I don't get. How is he better off with NO job instead of one that just didn't pay him as much as he would have liked?