Would I be able to get unemployment compensation?

Asked over 1 year ago - Monmouth Junction, NJ

I travel to work by car for 45 min each way and lately my car is not cooperating and I have a difficult time to to keep up with my responsibilities. I am good worker. The company is giving me a choice: to let me go and never get a job with them or resign and if possible be rehired at latter date when my car trouble is over. Company claims that they would not challenge my eligibility to receive unemployment. What is your opinion? Would I be able to get unemployment compensation?

Attorney answers (3)

  1. Christopher Edward Ezold

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, I suspect you likely won't be rehired whether you quit or are fired. Quitting/resigning may make it difficult for you to obtain unemployment. You have to specify why you are no longer employed - and if you say you resigned, then you will have to explain why that resignation shouldn't stop you from getting unemployment. While I think you would get unemployment in either case, I would suggest that you not quit to avoid any chance of not getting unemployment.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed... more
  2. Michael Clyde Harman

    Pro

    Contributor Level 10

    Answered . I agree with Mr. Ezold. Although you would probably have a valid argument to receive unemployment if you resign, your chances are much higher if your position is terminated. You should definitely consider consulting with a local lawyer familiar with the laws around unemployment.

  3. John M Connell

    Pro

    Contributor Level 18

    Answered . If they indicate to you in writing that they will not challenge the unemployment then there is little likelihood that you will run into problems however I suggest you consult an attorney who does unemployment before you fill out the forms to make sure that you dont do that improperly and knock yourself out of it

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