Quit now, or wait to be laid off?
December 10, 2009 2:44 PM Subscribe
My friend has been in a job in NY State for close to 2 years. From the start her salary was substantially lower than she felt she should be paid and she was verbally promised a bonus which never materialized. Nevertheless she stuck with job. Now, the company is going down the tubes. Many people have been laid off. She's been hoping for many months to be laid off herself so she can get unemployment benefits to aide in a transition. But, for a variety of reasons -- mainly that she's a very efficient employee -- she hasn't been let go. This stressful climate of layoffs and, with it, an increase in workload for her, has made it a very inhospitable workplace. She wants to quit ASAP. But she also doesn't want to miss out on unemployment benefits. What are her options? More inside...
Specific questions: (1) Can she argue that the nature of her job has changed, so she can no longer work at the company, and therefor, despite quitting, is deserving of unemployment? (2) If, after quitting, she's able to find a short-term work (a week or so) paid through a payroll company with taxes taken out, would this then qualify her for full unemployment? (3) What if she quit her current job because she was offered another job, but that job fell through -- would she still qualify? (4) Should she suffer through additional weeks and months until she is laid off, knowing that the ship is likely going down? (One potentially complicating factor: The failing company where she's currently employed is switching to a different 3rd party HR company and has asked her to fill out some paperwork so her paychecks come through them, beginning Jan 1.)
Specific questions: (1) Can she argue that the nature of her job has changed, so she can no longer work at the company, and therefor, despite quitting, is deserving of unemployment? (2) If, after quitting, she's able to find a short-term work (a week or so) paid through a payroll company with taxes taken out, would this then qualify her for full unemployment? (3) What if she quit her current job because she was offered another job, but that job fell through -- would she still qualify? (4) Should she suffer through additional weeks and months until she is laid off, knowing that the ship is likely going down? (One potentially complicating factor: The failing company where she's currently employed is switching to a different 3rd party HR company and has asked her to fill out some paperwork so her paychecks come through them, beginning Jan 1.)
Tell her to stop being efficient. If the company's toast anyway she's wasting valuable resume prepping and sending time she could be doing at the office and if anyone at the company still cares her name will probably be in the hat for the next round.
posted by IanMorr at 2:57 PM on December 10, 2009
posted by IanMorr at 2:57 PM on December 10, 2009
I like blue_beetle's suggestion.
posted by toomuchkatherine at 2:58 PM on December 10, 2009
posted by toomuchkatherine at 2:58 PM on December 10, 2009
Unemployment benefits, while useful, aren't the solution here, another job is. She should be doing everything in her power to line up another job for herself, even if that makes her a less efficient employee in the meantime. If that works out, she can quit and move to the new job without receiving unemployment. If it doesn't (no great shame given the market), she can collect unemployment and keep looking. It is always easier to look for a job when you already have one. Right now, her status as "valued employee worth keeping around even as everyone else is laid off" makes her look good to prospective employers. A status of "another unemployed person" doesn't carry quite the same weight. Plus, she's earning more now than she wound on unemployment.
Basically, you don't "miss out" on unemployment benefits; you get them because you have to. Staying employed, by finding another job now, is the right answer here.
posted by zachlipton at 3:28 PM on December 10, 2009 [6 favorites]
Basically, you don't "miss out" on unemployment benefits; you get them because you have to. Staying employed, by finding another job now, is the right answer here.
posted by zachlipton at 3:28 PM on December 10, 2009 [6 favorites]
I'm the author of this question -- not really necessary to be anonymous. Thanks for your replies.
To answer blue_beetle's question -- yes, she's asked to be laid off. They told her that they can't because her area must maintain a minimum number of people due a contract with an outside investor and they're at that number now (weird, right?). This could be B.S. or things could change.
To zachlipton -- She's aiming to go freelance. So, while she can put together a plan while staying in her unpleasant desk job, it's not like she can line up interviews for a new full time job. And you can't discount the extended unemployment benefits. It would really help with what could be a lengthy transition.
I'm really wondering about my specific questions above, especially #2. What if she quits then gets a different short-term job? Will she qualify for full benefits? Thanks again for your replies.
posted by timnyc at 5:24 PM on December 10, 2009
To answer blue_beetle's question -- yes, she's asked to be laid off. They told her that they can't because her area must maintain a minimum number of people due a contract with an outside investor and they're at that number now (weird, right?). This could be B.S. or things could change.
To zachlipton -- She's aiming to go freelance. So, while she can put together a plan while staying in her unpleasant desk job, it's not like she can line up interviews for a new full time job. And you can't discount the extended unemployment benefits. It would really help with what could be a lengthy transition.
I'm really wondering about my specific questions above, especially #2. What if she quits then gets a different short-term job? Will she qualify for full benefits? Thanks again for your replies.
posted by timnyc at 5:24 PM on December 10, 2009
Lots of people have tried every trick in the book to get unemployment compensation. She could try reducing her effectiveness to being merely adequate. Or she could have a heart-to-heart w/ the boss, asking about her future, expressing concern, and making an altruistic offer to accept the next layoff so an employee with a family could keep their job. If she's been given an unreasonable workload, she should do pretty good work and a reasonable amount of it, but she shouldn't have to get all stressed about the work that is not completed. She may think she wants to be unemployed, but it's actually very stressful. She might want to consider going with the flow and being happy to have a job in a massive recession.
posted by theora55 at 5:26 PM on December 10, 2009
posted by theora55 at 5:26 PM on December 10, 2009
(1) Can she argue that the nature of her job has changed, so she can no longer work at the company, and therefor, despite quitting, is deserving of unemployment?
Yes, but she shouldn't expect to actually get unemployment. The NY Dept. of Labor is beyond swamped, and any investigation into that claim will take two months or more. If she is somehow found eligible, and her employer doesn't contest her claim, then she won't be paid for that intervening time. That's your best case scenario.
(2) If, after quitting, she's able to find a short-term work (a week or so) paid through a payroll company with taxes taken out, would this then qualify her for full unemployment?
Nope. You have to have been an employee of your workplace for a minimum of two quarters (six months) to be eligible for full benefits. You can still be eligible for benefits if you work somewhere for three months and two weeks and that time stretches across two quarters, but your weekly benefit amount is dramatically reduced. Also, that time has to be in the two quarters previous to the current one.
(NY State defines quarters as Jan-Mar, Apr-June, and so on.)
(3) What if she quit her current job because she was offered another job, but that job fell through -- would she still qualify?
Same situation as your second question. She could request a hearing to argue her case for eligibility, but that would be the same situation as your first question.
(4) Should she suffer through additional weeks and months until she is laid off, knowing that the ship is likely going down? (One potentially complicating factor: The failing company where she's currently employed is switching to a different 3rd party HR company and has asked her to fill out some paperwork so her paychecks come through them, beginning Jan 1.)
Yes. The labor market in NYC is worse than most right now. Cling to that life preserver and don't let go.
posted by greenland at 5:58 PM on December 10, 2009
Yes, but she shouldn't expect to actually get unemployment. The NY Dept. of Labor is beyond swamped, and any investigation into that claim will take two months or more. If she is somehow found eligible, and her employer doesn't contest her claim, then she won't be paid for that intervening time. That's your best case scenario.
(2) If, after quitting, she's able to find a short-term work (a week or so) paid through a payroll company with taxes taken out, would this then qualify her for full unemployment?
Nope. You have to have been an employee of your workplace for a minimum of two quarters (six months) to be eligible for full benefits. You can still be eligible for benefits if you work somewhere for three months and two weeks and that time stretches across two quarters, but your weekly benefit amount is dramatically reduced. Also, that time has to be in the two quarters previous to the current one.
(NY State defines quarters as Jan-Mar, Apr-June, and so on.)
(3) What if she quit her current job because she was offered another job, but that job fell through -- would she still qualify?
Same situation as your second question. She could request a hearing to argue her case for eligibility, but that would be the same situation as your first question.
(4) Should she suffer through additional weeks and months until she is laid off, knowing that the ship is likely going down? (One potentially complicating factor: The failing company where she's currently employed is switching to a different 3rd party HR company and has asked her to fill out some paperwork so her paychecks come through them, beginning Jan 1.)
Yes. The labor market in NYC is worse than most right now. Cling to that life preserver and don't let go.
posted by greenland at 5:58 PM on December 10, 2009
This thread is closed to new comments.
posted by blue_beetle at 2:46 PM on December 10, 2009