If I quit, will I be able to collect unemployment?

UPDATED: Feb 16, 2012

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If I quit, will I be able to collect unemployment?

They never paid overtime, always give us our checks late (sometimes as late as 8 days)and I am not being given the necessary information or responses to complete my job function. If I quit, will I be able to collect UI or do I have to first file a complaint with the labor board?

Asked on February 16, 2012 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you quit, you will not be able to collect unemployment insurance, since you will have voluntarily left your job. When a company violates labor or anti-discrimination law in some way, you are generally expected to remain working there (at least unless/until fired) while bringing some action or complaint.

In terms of the specific issues:

1) A company does not have to give you the information or responses you need--it's bad business and bad management to do this, but the law does not require companies to be well run.

2) You do have to be paid overtime, if you are not exempt from overtime (all hourly and many non-managerial salaried employees are not exempt; go to the Department of Labor website to see the exact criteria for who is exempt) whenever you work more than 40 hours in a work week. Failure to do so is violation of the labor laws (e.g. the Fair Labor Standards Act, or FLSA), and you could either contact your state department of labor to bring a complaint and/or consult with your own attorney about suing.

3) Paying late is also a violation--at a minimum, of the implicit agreement between you and your employer, as to the terms and conditions under which you work; possibly also of your state's laws. If you ultimately get paid (e.g. just a few days late), it would be difficult to sue for this--you would not have suffered enough injuries or damages to justify a lawsuit. But if you end up suing over 2), above, discuss with your attorney whether you should add a claim for any late payments, too.

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.

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