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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15570
Experience:  Employment/Labor Law Litigation
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hi, my employer is trying to make me quit and is also paving

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hi, my employer is trying to make me quit and is also paving the way to fire me by giving me written warnings. im actually a very good employee and they are treating me very unfairly. should i quit because of the stress this is causing me or wait until they fire me? i need to be able to collect unemployment benefits until i find another job.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

You need to make them fire you. Unfortunately, while what they are doing is unfair and can be considered 'constructive discharge' so that you could fight for unemployment, that is a really hard fight to win right now.

Unemployment uses a 'reasonable person' standard when deciding whether you should get unemployment even when you quit, which normally is a disqualification. First, you have to establish the employer's unfair behavior. Then you have to establish that you gave the employer a warning that continued negative treatment will force you to quit. Then you have to quit and fight to show that any reasonable person would have quit under the conditions. Well, with the horrible job market right now, unemployment is considering it less and less reasonable to leave a paying job. It's truly ridiculous what an employer can get away with and it still not be considered so unreasonable as to allow a person to quit and get unemployment.

So, it is just a terrible risk, if you are counting on unemployment, to quit and hope you win that fight. Furthermore, it can take a couple of months, even if you do win it, to get unemployment. The safer course right now is to make them fire you.
Customer: replied 9 months ago.

is there anything else i should while i wait for them to fire me?

Expert:  Allen M., Esq. replied 9 months ago.
No, nothing that will help with unemployment.

You can certainly start seeking other work, but there are no preparations that you can make at this time for the termination/unemployment issue.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15570
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 5 other Employment Law Specialists are ready to help you

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