Unemployment question- New York

Hello-
I had a touch base with my boss a few weeks ago because she was leaving the company. I let her know I did not think the position I was in was a good fit for me and asked if I could use her as a reference if I found another job. She let someone higher up know who was training the new manager. We had a conversation and he said he will give me time to attend interviews and present me to positions we were working on (I work for a staffing agency) I was not expecting them to find a replacement for me right away. They let me know they had someone who could start, but can not keep both of us, so they are giving me two weeks to assist in training him and wrap up with my clients. Though I said I was looking to pursue other opportunity's, I never actually gave a notice. Would I be able to collect unemployment benefits if none of these jobs I interviewed for pan out, or am I out of luck?

Thank you.

1 answer  |  asked Aug 19, 2016 6:56 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Make sure to remind your current employer that you wish to stay, that you never resigned or quit and that you want and need the job until you find the right fit.

There is caselaw which states that if you have a new job lined up with a pay rate and a start date and you leave but the new employer no longer has the job that is not misconduct, not employee's fault, and you receive unemployment.

Make a written record by letter which you hand your supervisor and HR that you need to stay until you find a new job and if they still dismiss you then you have evidence that losing the job is not your fault and you would have stayed had they allowed you to do so.

The person who should do the right thing and hire you is the one who is leaving and leaked information that you were looking. Good luck!

posted by V Jonas Urba  |  Aug 20, 2016 03:52 AM [EST]

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