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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27196
Experience:  Former judicial law clerk, lawyer
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Can I sign up for unemployment? I was suspended Tuesday Aug

Customer Question

Can I sign up for unemployment? I was suspended Tuesday Aug 9th and have heard nothing from empoyer
JA: Because employment law varies from place to place, can you tell me what state this is in? Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I have worked for this company for 3 1/2 years as a cook in assisted living. I cook the breakfast and lunch and prepare the main meal for the evening they just finish it. Some nights they have easy meals I don't prepare such as pizza or chef salad. The crew on nights think I need to do more on them nights. and I refused so they suspended me.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 2 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

It is sometimes possible for a person to apply for unemployment benefits when an employer has reduced their hours or is not giving them work, despite being available to work. However, one of the requirements is that you must be able to show you're not working through no fault of your own. If your employer asked you to do something that you refused to do, and the request wasn't something so outside your job description that the request is unreasonable, then you unfortunately wouldn't be eligible for unemployment. For example, if they asked you to do maintenance work while not cooking and you refused, that wouldn't be your fault. But if the extra work they requested is related to your job preparing mean, you wouldn't be eligible.

Often the best option in this scenario is to speak to your employer about whether they intend to allow you to come back to work and start looking for another job, just in case.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 2 months ago.

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