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Employee Who Quit Gets Unemployment

February 9th, 2009

A recent court decision contains a piece of advice for companies trying to contain the costs of unemployment benefits:

Don’t try to show resigning employees the door too early.

In one recent case, an employee gave her boss two-weeks notice that she was quitting.

The company starting looking for her replacement.It quickly found a new hire who could start immediately. Not wanting to pay the two employees simultaneously, the company told the woman she was terminated — three days before her resignation was set to take effect.

Claiming she’d been fired without cause, she filed for unemployment compensation — and won.

The company argued that she quit and just wasn’t needed for the entire two weeks. But the court disagreed. Drawing on similar cases, it ruled that being fired right before a resignation is about to take effect is still an involuntary termination for the sake of awarding unemployment benefits.

Help with Employee Termination is another benefit that our clients receive through the partnership of Workforce Solutions, Inc. By contacting Workforce Solutions, Inc before a client company terminates an employee, our HR Legal Department can make sure that all the necessary steps are taken to help our clients keep their unemployment costs to a minimum. Before you terminate your next employee don’t forget to give Workforce Solutions’ HR Legal Department a call for advice.

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