What if I quit my Job to sue the employer after that will I be able to apply for unemployment benefits?!

Attorney answers (3)

1. Licensed in NY

   

   Ryan M. FinnPro

   Albany Employment / Labor Attorney

   Contributor Level 13

   

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   Answered March 13, 2013 12:49. You can argue that your employer's refusal to pay you fair wages was an intolerable condition that forced you to quit (a constructive discharge). You will have the burden to prove this to Unemployment and it is definitiely not a sure thing. Best of luck.

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2. Licensed in NY

   

   Arthur H. FormanPro

   Flushing Employment / Labor Attorney

   Contributor Level 15

   

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   Answered March 13, 2013 12:55. The general rule is that you cannot collect UI benefits if you quit 'without good cause'. If you are suing, you should meet with an employment lawyer to discuss the lawsuit and whether you have good cause to quit.

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3. Licensed in NY

   

   Vincent WhitePro

   Jackson Heights Employment / Labor Attorney

   Contributor Level 16

   

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   Answered March 18, 2013 07:19. If you are going to pursue a lawsuit against your employer anyway, you should be able to discuss the terms of your potential unemployment with that attorney in depth. If you have a valid overtime claim that attorney should be happy to help you for just 33% of what he is able to recover for you.

   This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... moreThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer. less

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