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How to intentionally get terminated from a job without sacrificing unemployment benefits? (lemmy.world)

submitted 10 months ago* (last edited 10 months ago) by lemmefixdat4u@lemmy.world to c/asklemmy@lemmy.world

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My friend is a customer service rep who is ready to retire. Her company is talking about layoffs with 13+ weeks of severance, but when she asked (anonymously) if they were accepting volunteers, they said no. In case she's not one of the ones told to clean out her desk, what are the ways she could get terminated while preserving her ability to claim unemployment (which would equal the 13 weeks of severance)?

UPDATE: She took my advice and saw her doctor. He agreed that she's experiencing a job-related stress injury, set her up with a Disability claim, and referred her for psychiatric counseling.

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[-] dylanmorgan@slrpnk.net 5 points 10 months ago

That depends on the state, OP’s friend should check before trying anything.

[-] LilB0kChoy@midwest.social 1 points 10 months ago

No, it doesn’t. A single occurrence of being late, or the first instance of being talked to about job performance does not meet the requirement of cause to deny you unemployment benefits.

An employer has to demonstrate repeated occurrences with documentation to be able to justify denying unemployment. Without that they can contest your claim but as soon as you appeal it they will be overruled unless they can show a repeated pattern with corrective action documentation.

[-] Usul_00_@lemmy.world 1 points 10 months ago

This varies by location. I've been through it on both sides in a few states, and when working with an employment lawyer one of the most crucial things he said was to make sure the filing was in the beneficial state.

this post was submitted on 11 Dec 2023

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