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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4468
Experience:  Exclusively practice labor and employment law.
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I was working and applied for a new job. I was told I got

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I was working and applied for a new job. I was told I got the new job, and was given a start date. I gave notice to my employer. The day after I stopped working, I was told that I could not start until my security clearance is approved. It has been over three months, and I am now told there is a 677,000 back up in clearances. Can I collect unemployment while I wait? I am willing to look for a new job if need be. If so, what should I tell NJUI during interview, or is there nothing I can do?
Submitted: 1 month ago.
Category: Employment Law
Expert:  John replied 1 month ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient as I may have to research some matters before providing a response.

Expert:  John replied 1 month ago.

Generally, when you quit a job to accept another you are not eligible for unemployment if you quit for no fault of the employer. In other words the employer did nothing that would have induced you to quit. However, if you quit to take another job, but are soon thereafter dismissed from the new employment, you can collect unemployment.

In your case you have not been dismissed from your new employment but, rather, you haven't been allowed to start working. You cannot collect unemployment in this instance. If you apply for unemployment, you will be denied and they may even charge you a penalty if you mistakenly collect for some time and they later find you should not have been paid. Looking for another job will not help you in this instance either because you quit your prior employment for no cause of the employer. If you ultimately are denied this new employment because of the security check, you would be eligible for unemployment. But in the meantime there is no recourse for you.

Expert:  John replied 1 month ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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