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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
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Experience:  Former judicial law clerk, lawyer
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Can you tell me if I have a chance to receive unemployment

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Can you tell me if I have a chance to receive unemployment benefits in NY State:

In April, I resigned from my job of 5 1/2 years. The amount of work I was asked to do was unrealistic and now they have hired 3 full time people to do the job that I was doing. I know my boss will fight this since I was the one to resign.

Also, right after I left, I applied for and got another job. It was a full-time, per diem (days) position at a local hospital. I worked there for 1 1/2 days. My first day of work the offered me a permanent position, full time but it required me to work one evening and a Saturday, every week. I graciously declined the offer. The next day the told me they didn't need me if I didn't work nights and weekends and I was hired for a day position. Currently looking for another job, the hospital is still trying to place me, however, I have not worked since April.

I would like to apply for unemployment benefits but I'm not sure if I'm eligible.

Could use some advice.

Many thanks.
Donna
Hi Donna,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Typically, a person may be eligible for unemployment benefits if the worker is terminated for reasons that are not related to misconduct, or if the worker quits for good cause. If your employer significantly changed the terms of the job that you were hired to perform, such as tripling the workload, that could be considered good cause. Essentially, the person must have a compelling reason for leaving the job and must have made reasonable efforts to fix the problem and continue working there.

The bigger problem that you might face is that a person who is receiving unemployment benefits is expected to accept work if it is offered. The fact that you denied another position may be a bigger obstacle, if the position offered was substantially similar to the one that you had originally. In that case, you may not be eligible for benefits.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Thank you for your advice. The permanent job I was offered when I was working as a per diem employee, was not a mandatory position. I could have stayed as a per diem employee forever. When I was hired, they specifically told me that it was for a full time "day" position and that's what my job description reads. On the second day, they stopped training me and that was it. They totally misrepresented the position or offered one that they didn't have. So, in their eyes I'm probably still an employee, but they stopped training me? Do you know, as a per diem employee, do they have to guarantee you work? Even if its 1 day per month?


 


Thanks for your help.


 


In that case, it doesn't sound like the position you were offered was substantially similar to the one you had.

An employer has to give an employee work that is consistent with the deal they make when they sign up. A person who agrees to work only when called can't insist on being called at any regular intervals. But in that scenario, the employer typically doesn't have a right to require the person to show up or prevent them from working for someone else. It's a different type of employment relationship. If they an employer says they want someone to work per diem 4 days a week and doesn't call them, then the worker might be entitled to partial unemployment benefits.
Customer: replied 3 years ago.

Thank you so much for all your advice.

You're welcome. I hope it works out for you.
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