Does this forced resignation qualify for unemployment?

I filed a two week notice with my work to leave for another job. A few days into the new job, I was told I would not be getting taxes taken out so I chose to refuse the position. My current workplace told me I can work my two week notice, but I can't retract. I want to stay with my job but they are essentially forcing me to leave. Will I qualify for unemployment?

1 answer  |  asked Mar 13, 2011 7:10 PM [EST]  |  applies to Massachusetts

Answers (1)

Kevin McGann
You will have difficulty getting unemployment, since you quit your job. You should apply for it, and explain that you left your job RELYING on the new offer, and that the terms of the new offer were CHANGED, so you couldn't accept it. Also, you should explain that the old employer HAD NOT offered your job to someone else yet, and had no reason not to re-employ you.

You will then (probably) receive a notice of disqualification for unemployment. When you get that notice, be sure to follow the steps exactly to file an appeal and ask for a hearing in-person. When you have the in-person scheduled hearing, explain all that happened, that it was not your fault, and that in fact the new employer may have been avoiding his obligation to withhold taxes for employees, and who knows what other illegal acts he was planning, so it wasn't a good place to work. You may get a sympathetic hearing officer.

posted by Kevin McGann  |  Mar 14, 2011 09:06 AM [EST]

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