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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111480
Experience:  20+ Years of Employment Law Experience
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I worked in a well known jewelry store. On May 16th at 12;15

Customer Question

I worked in a well known jewelry store. On May 16th at 12;15 I was distracted by a man
who took $25,000 in jewelry. It has been a very trying time I can not get over the fear embarrassment and depression. My manger said I would not loose my job, however 2 days later I did. All I want is my job back, I was never trained on what to do or not to do,
no employee hand book or anything. I can not get unemployment until I find another job which will not be easy as I am 71 years old.
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am very sorry for your dilemma however, I'm not sure I understand your specific question. Are you asking if you can force them to give you your job back?
Customer: replied 1 year ago.
If I can not get my job back, I would like to be able to draw unemployment, until I can find another job.
On the day this happened my manager told me I would not loose my job. However after working from 9;30 til 1;30
on the 18th he then told me home office would take my two weeks notice and not put it in my "file". I had not given my two weeks notice. As the way things stand now if I give notice and leave I can not get unemployment, and if they fire me I can not get unemployment. I had just had my review and was very good and got a raise. I am 71 years olds and been working from the time I was 16. AND NEVER BEEN FIRED. I just need to know what I can do. Thank You
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposed only.
You have been what they call "constructively discharged" even though they are claiming they "will take your two weeks notice." Thus, you can file for unemployment benefits and to deny your benefits, the employer would have to prove that you engaged in actual misconduct directly related to employment. If you were distracted by a thief and did not commit any misconduct, then the termination could be deemed without cause and as such you would be eligible for receiving unemployment.
You need to file for benefits and if they try to deny them then you need to file your appeal to show you did not commit any misconduct related to your employment and you were a victim just as your business was a victim of the thief.

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