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Old 07-16-2009, 03:50 PM   #42
JohnnyD
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Join Date: May 2008
Location: Mansfield, MA
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Quote:
Originally Posted by fishbones View Post
If someone leaves a job for a new one and then gets laid off by the new employer after 60 days, they can collect unemployment benefits.
This is the only part I think you are off on. My understanding of the law is if a person *leaves* their job, they are not eligible for unemployment from that employer in the future. Also, if they are laid off by their next employer within 90 days, the new employer is not on the hook for the unemployment either.

I have won 3 different unemployment appeals based on the above experience.
One said "I'm outta here. I don't have to take this," when a customer complaint was brought to his attention. I told him fine, I accept your resignation, at which point he tried to double back. The arbitrator stated his exclamation was essentially an "I quit".
Second was for a person rightfully fired within 90 days. I had proof he had stolen something and the arbitrator basically said it didn't matter because he was a probationary employee.
Third, the person quit their job with us for another job, was then fired 30 days later from that job and tried to file for unemployment from us. Arbitrator stated that because he quit, he wasn't eligible.

Now, that is all from an employer's standpoint. A person very well may be able to collect unemployment benefits if they leave a job and then are laid off after 60 days. But I know neither of those two employers are liable to pay for it.
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