I resigned from my current job and my last day was November 29, 2004. I then requested a delay of r

Is this legal? "fault" for being unemployed, and Can I collect unemployment?

1 answer  |  asked Dec 5, 2004 8:07 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Unemployment Compensation

I am no expert on unemployment compensation, but over the years, doing employment work, I have picked up a little here and there.

Generally, you are entitled to unemployment compensation only if the employer terminates your employment. That is, with limited exceptions, if you resign, you are not entitled to get unemployment compensation.

If you are terminated by your employer, then you are usually entitled to unemployment compensation, but there are excepts if you are terminated "for cause."

I'm not exactly sure what constitutes "cause," but it would include things like insubordination or employee theft.

This area seems to get cloudy because employers will often allow employees to collect unemployment compensation even though the employee may not be entitled to the unemployment compensation. The Unemployment Compensation Board will pay you unemployment compensation as long as the employer does not object. Often, an employer may have valid grounds for objection, but nonetheless not object.

posted by David M. Lira  |  Dec 6, 2004 08:49 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
Charlottesville, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm

more Virginia Employment Lawyers