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I have an employee at will that was told that for a month…

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I have an employee...

I have an employee at will that was told that for a month the restaurant would be closed. He became very hostile and threatening because he felt he should have been told in advance so he said that he would go to unemployment at this point I said that I was not firing him so he would not be able to collect and developed worst demeanor shouting and actually walked out and did not stay for his shift. Can I consider him quitting?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

Not that I know

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This employee has been talked about not doing a good job, and has called out a lot from his shifts.

Submitted: 3 months ago.Category: Employment Law
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1/9/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,906
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

You could consider it quitting, sure. But ultimately what it comes down to is whether you can convince the unemployment office that it was actually this employee's intention to permanently quit the employment. Nothing you have described suggests this is the case.

You should also know that employees can generally collect unemployment for prolonged periods of business closure. The fact the business will eventually open up again does not typically block an employee from collecting benefits. When the business opens back up and work is offered to the employee again, that will disqualify them from further benefits. But until then, they can typically collect because they are suffering a loss of active employment through no fault of their own.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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