My husband has been working in the construction business for about 35 years. He lost his last job in 2005. After that, he tried to open his own construction sales business. That business has not done well due to the economic climate. Can he still collect unemployment from previous employers?
Country relating to Question: United States
Hello and welcome to JustAnswer.I'm sorry to hear about your situation and hope I can help.No, unfortunately, he would not have enough earnings in the base period, which is between 15 and 17 months from the date he filed an unemployment claim, in order to be eligible to receive unemployment benefits from his previous employer at this time.Had he filed benefits when he was laid off, however, he would have been able to receive benefits even while trying to open his business, since self-employed people are eligible to receive unemployment benefits.I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Currently he is working at a Farm N Fleet part time. If he were to quit because the work was too physically demanding, could he receive unemployment? He only makes about $350 a week. Also would it be worth his time and effort?
He may be eligible to receive unemployment benefits if he were to quit the job, but probably not.In order to receive unemployment benefits due to a voluntary quit, he would need to have 'good cause' to leave employment, which means that a reasonable person in the same situation who wanted to stay employed would also leave in the same circumstances.Unfortunately, unless he has an injury or disability of some kind, it's unlikely that the work being too physically demanding would qualify as sufficient 'good cause' to leave employment.Additionally, if he's only making $350 a week, he wouldn't be eligible to receive that much in unemployment benefits if he were to leave his job, so overall, I don't think it's worth the risk of him potentially being denied benefits for him to leave the job on the chance that he'd be able to receive unemployment benefits.
That is what I was thinking. Thank you for your frankness and advice. I think at the time he was fired in 2005, his previous employer helped him in many ways to set up his business. He didn't want to take advantage of him. Oh well...5 more years until retirement.
Thank you; best of luck!
Extensive experience representing employees and management
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