Can I collect unemployment if I requested time off and they’re saying they won’t grant it now a month before I’m leaving?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I collect unemployment if I requested time off and they’re saying they won’t grant it now a month before I’m leaving?
They want me to sign a resignation letter but I told them because of the nature that they are letting me go I would like to see if I have any options first. The only reason this is a problem is becasue they are shorthanded all of the sudden due to multiple people leaving and at the time I requested this I was told my 7 weeks was not a problem. I would just like to know if there is anything I can/should do to obtain unemployment pay.
Asked on June 4, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Employers have discretion in regards to allowing employees to take vacation, and so may validly prevent an employee from taking vacation if they are shorthanded. Since they are allowed to prevent you from taking vacation under the circumstances you describe, you have no right to quit but receive unemployment.
More generally, any voluntary separation from unemployment--such as resignation--prevents an employee from receiving unemployment. You can receive unemployment so long as you are laid off or fired, assuming you are not fired "for cause"--i.e. not fired due to excessive absenteeism, violation of company policy, insubordination, etc. The way to collect unemployment is to be fired, so long as it's not for cause. Signing a resignation letter would certainly preclude you from receiving unemployment compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.