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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37666
Experience:  30 years in Employment law
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can I collect unemployment if I quit, I quit previously and

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can I collect unemployment if I quit, I quit previously and collect unemployment then went back to work for them, I was to go back like I never left same position same hours same pay same benefits and senority, never got same position making 1.00 less then suppose to be changed my schedule giving me no choice they bypassed me totally and gave me what was left, I should have got to be top people or first to pick tenure. Also not paying us correctly and currently class action lawsuit for unpaid wages and ot that I could join but have more issues then what class action suit is can I go on my own and can I quit and collect unemployment?

Thanks for your questions and good morning.

I am so sorry that you have been mistreated this way.

You can quit here but it means you have to show good cause here to the UI folks to have done so.

Good cause may be if they did not pay you the promised wage or "demoted" your job, that could be the "good cause" legally needed for unemployment eligibility and to receive benefits.So you may well be able to qualify.It is important to gather what evidence you have in case it is contested by the employer.

In a class action suit, if you join as a party to it, you are likely to have to release the company to collect any share of the class award. If you have your own separate claim overlapping the claims of the class then you may need to "opt out" of the class action suit in order to retain your right to pursue your own individual claim. Opting out may involve sending a signed opt out form to the class action lawyer.And you decide here which option is best for you in this situation.

You may want to consider a local lawyer here if you are going to pursue this individually and to protect your individual rights in all of this.

You can locate a local employment lawyer here through ABA approved lawyer referral.

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.



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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Customer: replied 3 years ago.

Good morning to you as well and thank you for immediate response I have been trying to get answers for days. As far as the class action lawsuit I have not joined it just have the consent to join, so that's resolved so there is actually a lot more to this then what I briefly explained to you, as far as unemployment really three things happened lowered my wage from what was agreeded upon coming back and position was not same position as agreed upon, and they changed my schedule without my consent, how should I handle quiting? And any suggestions on who might best be able to handle this case? Thanks again for your quick response and your knowledge in this matter.

Anytime you voluntary quit here expect a fight.Usually the employer responds and you are denied and you have to appeal.Your chances on appeal are real good since you have these facts to present.

But what you need to know here is that we are talking retroactive benefits so you might not see a check for awhile.It doesn't mean you ultimately won't get them it just means it can be delayed here a couple of months.That can be a financial hardship to you.I just want you to be prepared accordingly.

If you are going to quit here a letter setting out your prior issues that are forcing you to terminate(good cause) sets the stage for claiming UI benefits on that basis.It is good evidence of employer's actions that have forced you to quit and seek a new position.

I do wish you the best.It is a shame you have been forced out by their actions.I hope you are able to get UI benefits and recover for your other losses.
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