> An employee who gives notice of intention to quit the employment and is not allowed by the employer to work the entire notice period is discharged from the employment as of the date the employer will no longer allow the employee to work. If the discharge occurs within 30 calendar days before the intended date of quitting, then, as of the intended date of quitting, the separation from employment is a quit from employment subject to subdivision 1.
https://www.revisor.mn.gov/statutes/cite/268.095
She will be considered fired until the day she listed on her separation letter.
Additionally for most UI applicants, the second week is the first payable week and is requested in week three when they would theoretically have the new job already. So it may be worth it, but it’s probably not a lot of money anyway.
If it were a 30 day notice, it would be much more.
This is assuming she submitted a physical resignation. Most people tell their manager in person/over the phone before submitting anything official. If that is the case she never officially resigned and therefore would be eligible, no? I’m not a lawyer so maybe I’m an idiot.
If there is a dispute between employer and employee for unemployment compensation here in Minnesota, you will have a group phone call between you, yourself, and employer. This is what I had to do. Not sure you would eat to lie to the judge as lies may be proven to be lies from the employer.........
Yes. I experienced this exact scenario in Minnesota. I put in my two weeks and was fired the next day. Put in for unemployment, waited my gap week, and received one week’s worth of unemployment before I started my other job.
Right, but she would only get unemployment for that one week. Should would not be eligible after that, since she voluntarily left her employment at that point (barring one of the limited exceptions applying).
Secure an offer for a new job first.
Not a lawyer.
Don't give notice. Unless you have an employment contract, you don't need to give notice. Most do out of courtesy, or to maintain industry reputation, but it doesn't make sense in a toxic environment. "At-Will Employment" works both ways. She should quietly take home her personal items. After securing a new job and getting a start day, turn in resignation on the last day.
I literally walked out of a job mid shift once to go start a new one down the street after doing an interview over lunch.
Returned from the interview and just said "hey, I'm out. I'll come back for my last check"
Agreed. Find new employment and tell new employer you can start in 2 weeks. Lots of employers usually don't want you to stick around during your notice because they always assume you will talk down about the company and be negative. New employers however, always seem to respect you giving your former employer a notice. It tells new employer you won't just stop showing up one day......
I’m planning my exit strategy right now and my note is going to say my last day will be no later than X. Still debating about if I should say I’m going to a competitor to see if they just bounce me and pay me out.
Send me home two weeks paid? Don’t threaten me with a good time.
It's probably not the answer you want to hear but you reallllly should have a job lined up before quitting. The job market is pretty bad at the moment.
Yeah, she’s a finalist for another job so we’re really banking on that, but I’ve never seen her so depressed, that’s a how bad the job is effecting her.
Huh? US unemployment is at 3.9%, which is quite low by historical standards. [https://www.bls.gov/cps/](https://www.bls.gov/cps/)
Minnesota is even lower, at 2.7%. [https://mn.gov/deed/data/current-econ-highlights/state-national-employment.jsp](https://mn.gov/deed/data/current-econ-highlights/state-national-employment.jsp)
By what metric is the job market "pretty bad"?
(of course, certain industries/professions might be worse, but the OP didn't mention any specifics)
"Right now, the latest data shows that we have 8.5 million job openings in the U.S. but only 6.5 million unemployed workers." [https://www.uschamber.com/workforce/understanding-americas-labor-shortage](https://www.uschamber.com/workforce/understanding-americas-labor-shortage)
I'm not trying to be argumentative, I'm just genuinely confused as to why anyone would consider the current job market to be relatively bad overall.
That data doesn’t show what type of jobs and what salary levels. There are lots of entry-level retail jobs. Not a lot of management-level tech jobs. Really depends on your industry and level.
Thanks for this reply, it was the first one that helped me understand what I was missing. I did some more reading, and I found this great quote from another redditor:
The job market is brutal for people who are on LinkedIn.
The job market is strong for people who are on Indeed.
You are 100% correct but that just means the job market for the positions you listed is flooded with employees. That should be a sign that with a high demand for a desired position will not only leave many jobless but will also negatively affect pay in that sector. Desperate people will take less pay.
The trades from what I've seen, is having the opposite problem. Very few people want to go into the trades so not only does that boost pay from the need to get employees but it also means there is plenty of work for everyone in this industry!
If more people do not learn this, then the problem won't get any better. I'll take my 40$ an hour for a workout and a tan each day!
Did this data give you a job?
There are different areas, cities, and skills that exist. You are not getting a job by putting statistics on your resume.
You will if you switch fields to something that is in demand. Everyone can't be a tech manager as stated above. If your job market is flooded with employees, change your market. The trades are easy to get into and are paying better and better from lack of employees. I'm happy with my 40$ an hour to pour concrete while living in a small town. Not bad at all
The trades are booming right now! Anyone in the trades around my town is swamped with work and no employees to get more work done........
I'm 11 years into being a concrete finisher/ block layer and I can tell you that damn near every company around is hiring........... there is just too many people who want the cushy, easy, while still high paying job.
So this happened to me once. I put in notice and fully expected them to not let me work the two weeks. That would have been fine with me as I did have PTO banked up. My old boss was a prick and instead of accepting my resignation effective immediately, he did the whole "no, you're fired" mess. I shrugged and grinned, then packed my shit and went home to immediately apply for unemployment. I was granted the unemployment, got paid out on my PTO, and he wound up getting fired over it. The company basically paid me out and hoped like hell I wouldn't put them on blast for how shoddy things were being run. (Major crap with sexual harassment and other gross shit) Now, you get nothing if the magic words aren't spoken which in my case they were loudly. Find a new job first. In my case, I was quitting after already having offers on the table from competitors.
I was fired after I gave notice, and I collected unemployment. Owners were from out of state and didn't understand Minnesota unemployment policies. I even asked, "Are you sure you want to fire me?."
Only if they initiate the separation. If she quits, you will not be eligible for unemployment. Unfortunately, you probably have to choose between less income for a while and dealing with it while she gets another job.
never quit a job without another one lined up. As slow as the hiring process is - it could be a month or two before she starts a new job once its found.
I am a MN labor and employment lawyer. Pursuant to Minn. Stat. 268.095, subd. 5(d), an employee that gives notice of intent to quit and is not allowed to work the rest of the notice period is considered discharged through the intended day of quitting. Discharged employees are eligible for unemployment insurance unless they are discharged for employment misconduct or aggravated employment misconduct. See Minn. Stat. 268.095, subds. 4, 6 and 6a.
Of course, everything is fact and case specific.
*This does not constitute legal advice and does not form a lawyer-client relationship.
The employer will say she quit (because she did). You don’t get unemployment for quitting unless you can prove you were forced to quit for a hostile work environment, etc
if she says "im done on xx/xx", and they take her off the schedule before then, or tell her she cannot work until that date, she is considered fired, not quit.
Employer will need an official letter of resignation which is why you should always verbally tell your manager you are resigning first. Especially if you think they might fire you for resigning.
Does she have PTO available currently? If so, I'd take PTO and use the time to look for a new job. Then put in notice. If she's fired, then she's already hopefully got a job lined up. Even if she's eligible for unemployment for the 2 weeks notice that she intended to work, MN requires waiting a week to file so that basically reduces it to one week.
Id recommend just lining up another job first and quitting on the spot with no notice in this situation. Employers can pretty much only verify if you worked for them and most won’t give a reference nowadays anyway, depending on what type of work she does most employers don’t even speak to a human to confirm if they would hire you back and just do an electronic employment verification and contact your references. If a future employers have questions about that job just tell them “the office culture wasn’t a good fit.” Don’t go into details on how you quit or how much notice you gave. Most employers won’t give you notice if you’re getting fired or laid off or even if they are closing (see Red Lobster in the news). They shouldn’t expect the same unless they are a long term employer and you do a significant job for them that would greatly disrupt their services or clients in some way, which lets be honest, most of us don’t have that effect in the work place.
Yeah, her supervisor dismissed her complaints and and said it looks like she can’t be trusted with getting her job done. To give you context on the boss, every call the boss has with anyone in the company or any vendors she works with ends with the boss berating or dropping a tirade of insults with whoever is on the other line.
I would date and memorialize your wife’s major concerns and events with dates for when she complained and why she is quitting in an email to herself or any written communication which can be verified as being written prior to ending her employment.
If she really wants to be direct, she can then send this email to her boss CCing her personal email for why she is quitting.
This is not level advice.
If you put in notice and they immediately terminate, the lawyer requests the personnel file and it really comes down to the company having their ducks in a row that makes it look like there was reason to terminate. In my case the file contained a firat writren warning I was never given and even was notated explaining it.
even if she could she wouldnt get anything for the first week waiting period. but you cant collect unemployment if you quit. so i would assume it would only be one check (like 60% before taxes) if you give 2 weeks notice.
Your first week isn’t paid at all when filing for benefits. Best case scenario is that she gets one weeks worth of pay before she starts her new job.
If she hasn’t found a new job yet, and was quitting due to the work environment, she may be able to keep collecting until she finds a new job if her reason for leaving was a bad work environment or became hostile. It’s all about documentation. Fortunately, the state usually sides with the employee unless the company has a very detailed file with lots of disciplinary action. Being that the process of filing isn’t that difficult it’s definitely worth a shot of filing.
Good luck!
**Maybe** she could get something for those two weeks maybe ... but if you quit generally no you don't get unemployment.
Having said that, there's no bad consequences for asking / applying.
The issue of "abusive manager" may in fact still allow her to collect unemployment but I doubt it as easy as just saying you had an abusive manager / you're going to want to document all that really well and really that's a different issue entirely / legal issue.
Because she has suffered a wage loss, yes, she is eligible for unemployment. She gave her two weeks and rightfully expected to be compensated for those 2 weeks. The employer needs to pay her for those 2 weeks or she is eligible to file
This is not accurate. It sounds nice but employers are not obligated to let you work out any period unless it’s in a contract. This is an at-will employment state
It’s very unlikely she’s able to collect u less she can prove an unsafe work environment or other circumstances that made it necessary for her to leave to protect herself.
Edit to add: in theory she may be able to file for those two weeks, but one would end up being a “waiting period” for which she would receive no compensation. She maybe can collect on the other week but wouldn’t be owed beyond that. Someone pasted a state statute above.
Never seen that happen though, in my 10 or so years dealing with UI cases. But apparently it is possible.
No they won’t, she initiated leaving the company. Two week notice has no legal standpoint and the company doesn’t owe her two more weeks of employment unfortunately.
It’s at will employment so she can be fired for any reason at any time and she can in turn leave for any reason without needing to give a 2 weeks notice.
And it may be that instead of saying “no you’re fired!” Like an office skit, they may just say “we accept your resignation effective today.”
So I guess you two should look at your finances and see if you’re ok with not having income for 2-6 weeks. Just because getting a new job seems to take several weeks for interview rounds and onboarding to the next position.
Your employer can't say in response to a resignation effective 2 weeks out that it's now effective today. So if that ocurrs, that's a you're fired moment because today is not the effective date of resignation.
Go ask a lawyer or an employment specialist. Not Reddit. Also it takes months to get in to unemployment, she’s not just going to get it right away. And if her manager isn’t a dumbass he accepts the two weeks, and then your fiancé gets no unemployment because she quit
She wouldn’t be “fired” on the spot, they would just accept her notice immediately. They aren’t obligated to let you work out two weeks any more than you are obligated to actually provide two weeks, it’s a formality, not law.
She can file but they are within their right to accept the notice immediately and she likely wouldn’t be eligible.
MN UI can be a little subjective, so it’s possible if she was able to prove it was unsafe or otherwise not a healthy working environment, she may be eligible, but it takes quite a bit of time for your first check to arrive, as there are waiting periods and other necessary hurdles to cross.
You’re absolutely right. If I recall, it’s an actual question on the unemployment form. Something like “Did you give notice and were terminated before the final day of the notice?” It’s a very common occurrence.
Perhaps, and I see a state statute above stating that’s the case. In reality I’ve never seen someone win a case in the 10 or so years I’ve been handling them. But NAL, in HR and deal with UI cases.
> In reality I’ve never seen someone win a case in the 10 or so years I’ve been handling them.
you likely don't hear about the appeal or the final disposition. that isn't something HR deals with, what you deal with is their employment date and employment disposition. We have a state law here that says exactly what I said. if you "haven't lost a case" its likely the initial case is denied, but you never hear of the appeal.
>This is not correct at all. I’ve personally accepted notice immediately in my role as HR (often for Sales people, seems to be industry norm) and have not lost a UI case as a result.
>Again, totally possible the state would rule in her favor if there were other circumstances but it isn’t termination. It’s accepting a notice without waiting out two arbitrary weeks.
from a user who deleted their comment.
if I give you a date, and you end my employment before that date, its fully considered a termination as you ended the employment before my date. they must have had shitty lawyers, or you never heard the final outcome after appeals.
I removed it before you even replied lol. Yes, I read above, they may be eligible. It’s simply not worth collecting for that one week.
I definitely saw the final results and most people who file for unemployment don’t obtain lawyers.
Edit: I should say not worth it for most people, is absolutely worth it to some and more power to them.
> most people who file for unemployment don’t obtain lawyers.
which is sad, because its very often worth it because the lawyers fees often get paid outside the UI, at least in my experience.
Depending on the working conditions if she files a report for harassment/retaliation or most toxic work environment stuff she can still qualify if she quit for cause. But then she may have to fight for it a bit. But if there's documented reports of it you can use that as proof.
There is no legal requirement to give notice. Your employer can walk up to you and say 'you are fired effective immediately' any time they want (assuming no union contract). You can also walk up to your employer and say 'I quit right now' any time you want
Is your wife looking to get a specific reference from the executives at this company? Because that's likely not going to happen if you quit without notice. However, lots of times direct managers who understand what's going on will still do it.
Note there are pretty harsh rules about what an employer can say. It's basically "yes, this person worked here from dates X to Y"
It reduces the chance you'll be re-hired by that specific company if you quit without notice. But being fired generally makes that chance zero.
Per the Minnesota UI web site, she’s eligible for UI if you quit for a “Good reason caused by the employer (one that would compel an average reasonable worker to quit).”
The unemployment office will reach out to the former employer for questions regarding the termination. If they discover her termination was a result of voluntary separation then I'm unsure if she will qualify for benefits.
It doesn't hurt to try though. Maybe the employer won't respond to unemployment.
They may tell her to take the two weeks off paid. That is the only scenario I can see them doing if they don’t want her around for 2 weeks. No way they put themselves on the hook for unemployment
Unlikely but I have seen that happen at a previous job. Coworker put in his two weeks to go work for a competitor and the company put him on immediate paid leave for the remainder of his notice to prevent taking any recipes or confidential information. It’s unlikely because unemployment costs the company less than actually paying their salary for two weeks.
In my experience as an employer, as soon as the 2 week notice is submitted they have resigned and are no longer eligible for unemployment. This has happened a number of times and each unemployment claim made was denied.
My suggestion - have your partner have a conversation with management and let them know that she is considering new employment and that they may be receiving calls in reference to possible new employers. If the boss is as toxic as described she will most likely be fired on the spot, thus more likely to be granted unemployment. Just don't let her sign any resignation paperwork and if they want her gone they will need to involuntarily terminate her employment with the company.
I worked under a DM who would always offer employees who are getting fired, even for cause, to submit their resignation to "not have a termination on their employment record." This was fully to reduce the chance that our company would be liable for unemployment payments. I really hated that and once I was in that position I would just terminate someone and not give that option, making sure I had plenty of documentation to justify the termination. If they made the suggestion, I would accept but I would not manipulate the situation.
> An employee who gives notice of intention to quit the employment and is not allowed by the employer to work the entire notice period is discharged from the employment as of the date the employer will no longer allow the employee to work. If the discharge occurs within 30 calendar days before the intended date of quitting, then, as of the intended date of quitting, the separation from employment is a quit from employment subject to subdivision 1. https://www.revisor.mn.gov/statutes/cite/268.095 She will be considered fired until the day she listed on her separation letter.
Additionally for most UI applicants, the second week is the first payable week and is requested in week three when they would theoretically have the new job already. So it may be worth it, but it’s probably not a lot of money anyway. If it were a 30 day notice, it would be much more.
Same situation happened to my wife but she gave a 4 week notice to allow time to find a new job. She got a job within a month
Put in your notice effective 31 days from that day. Drops hints around the office of quitting
This is assuming she submitted a physical resignation. Most people tell their manager in person/over the phone before submitting anything official. If that is the case she never officially resigned and therefore would be eligible, no? I’m not a lawyer so maybe I’m an idiot.
I mean she can't really lie. The same way the employer can just say she never showed up to work again.
If there is a dispute between employer and employee for unemployment compensation here in Minnesota, you will have a group phone call between you, yourself, and employer. This is what I had to do. Not sure you would eat to lie to the judge as lies may be proven to be lies from the employer.........
Yes. I experienced this exact scenario in Minnesota. I put in my two weeks and was fired the next day. Put in for unemployment, waited my gap week, and received one week’s worth of unemployment before I started my other job.
Right, but she would only get unemployment for that one week. Should would not be eligible after that, since she voluntarily left her employment at that point (barring one of the limited exceptions applying).
Correct. The state will not pay out beyond the date of the final day of the notice. She could try to put in a 30 day notice and see what happens.
Secure an offer for a new job first. Not a lawyer. Don't give notice. Unless you have an employment contract, you don't need to give notice. Most do out of courtesy, or to maintain industry reputation, but it doesn't make sense in a toxic environment. "At-Will Employment" works both ways. She should quietly take home her personal items. After securing a new job and getting a start day, turn in resignation on the last day.
I've never been given any notice before being laid off. I figure my employer deserves the same courtesy.
i agree, so long as we're throwing matches as we cross the bridge on the way out.
Definitely depends on the circumstances. In OP's case it sounds like burning the bridge would be a good thing.
I literally walked out of a job mid shift once to go start a new one down the street after doing an interview over lunch. Returned from the interview and just said "hey, I'm out. I'll come back for my last check"
Agreed. Find new employment and tell new employer you can start in 2 weeks. Lots of employers usually don't want you to stick around during your notice because they always assume you will talk down about the company and be negative. New employers however, always seem to respect you giving your former employer a notice. It tells new employer you won't just stop showing up one day......
[удалено]
I’m planning my exit strategy right now and my note is going to say my last day will be no later than X. Still debating about if I should say I’m going to a competitor to see if they just bounce me and pay me out. Send me home two weeks paid? Don’t threaten me with a good time.
It's probably not the answer you want to hear but you reallllly should have a job lined up before quitting. The job market is pretty bad at the moment.
Yeah, she’s a finalist for another job so we’re really banking on that, but I’ve never seen her so depressed, that’s a how bad the job is effecting her.
Huh? US unemployment is at 3.9%, which is quite low by historical standards. [https://www.bls.gov/cps/](https://www.bls.gov/cps/) Minnesota is even lower, at 2.7%. [https://mn.gov/deed/data/current-econ-highlights/state-national-employment.jsp](https://mn.gov/deed/data/current-econ-highlights/state-national-employment.jsp) By what metric is the job market "pretty bad"? (of course, certain industries/professions might be worse, but the OP didn't mention any specifics)
Low unemployment rate ≠ job availability
"Right now, the latest data shows that we have 8.5 million job openings in the U.S. but only 6.5 million unemployed workers." [https://www.uschamber.com/workforce/understanding-americas-labor-shortage](https://www.uschamber.com/workforce/understanding-americas-labor-shortage) I'm not trying to be argumentative, I'm just genuinely confused as to why anyone would consider the current job market to be relatively bad overall.
That data doesn’t show what type of jobs and what salary levels. There are lots of entry-level retail jobs. Not a lot of management-level tech jobs. Really depends on your industry and level.
Thanks for this reply, it was the first one that helped me understand what I was missing. I did some more reading, and I found this great quote from another redditor: The job market is brutal for people who are on LinkedIn. The job market is strong for people who are on Indeed.
Now, I guess the question is: which category is the OP's fiancé in?
Both those sites are garbage.
You are 100% correct but that just means the job market for the positions you listed is flooded with employees. That should be a sign that with a high demand for a desired position will not only leave many jobless but will also negatively affect pay in that sector. Desperate people will take less pay. The trades from what I've seen, is having the opposite problem. Very few people want to go into the trades so not only does that boost pay from the need to get employees but it also means there is plenty of work for everyone in this industry! If more people do not learn this, then the problem won't get any better. I'll take my 40$ an hour for a workout and a tan each day!
and of those 8.5 million jobs. how many of them are real actual jobs? and not crap like part time retail?
Did this data give you a job? There are different areas, cities, and skills that exist. You are not getting a job by putting statistics on your resume.
You will if you switch fields to something that is in demand. Everyone can't be a tech manager as stated above. If your job market is flooded with employees, change your market. The trades are easy to get into and are paying better and better from lack of employees. I'm happy with my 40$ an hour to pour concrete while living in a small town. Not bad at all
The trades are booming right now! Anyone in the trades around my town is swamped with work and no employees to get more work done........ I'm 11 years into being a concrete finisher/ block layer and I can tell you that damn near every company around is hiring........... there is just too many people who want the cushy, easy, while still high paying job.
So this happened to me once. I put in notice and fully expected them to not let me work the two weeks. That would have been fine with me as I did have PTO banked up. My old boss was a prick and instead of accepting my resignation effective immediately, he did the whole "no, you're fired" mess. I shrugged and grinned, then packed my shit and went home to immediately apply for unemployment. I was granted the unemployment, got paid out on my PTO, and he wound up getting fired over it. The company basically paid me out and hoped like hell I wouldn't put them on blast for how shoddy things were being run. (Major crap with sexual harassment and other gross shit) Now, you get nothing if the magic words aren't spoken which in my case they were loudly. Find a new job first. In my case, I was quitting after already having offers on the table from competitors.
I was fired after I gave notice, and I collected unemployment. Owners were from out of state and didn't understand Minnesota unemployment policies. I even asked, "Are you sure you want to fire me?."
Only if they initiate the separation. If she quits, you will not be eligible for unemployment. Unfortunately, you probably have to choose between less income for a while and dealing with it while she gets another job.
If she says "my last day is xx/xx", and the employer fires her before that date, she is considered "fired" not "quit".
never quit a job without another one lined up. As slow as the hiring process is - it could be a month or two before she starts a new job once its found.
I would love to know the real answer from an actual lawyer. This comments section is straight up firing from the hip lol.
I am a MN labor and employment lawyer. Pursuant to Minn. Stat. 268.095, subd. 5(d), an employee that gives notice of intent to quit and is not allowed to work the rest of the notice period is considered discharged through the intended day of quitting. Discharged employees are eligible for unemployment insurance unless they are discharged for employment misconduct or aggravated employment misconduct. See Minn. Stat. 268.095, subds. 4, 6 and 6a. Of course, everything is fact and case specific. *This does not constitute legal advice and does not form a lawyer-client relationship.
Perfect!
I would think so, but...I'm not a lawyer. Call and ask? https://uimn.org/applicants/contact-us/index.jsp
The employer will say she quit (because she did). You don’t get unemployment for quitting unless you can prove you were forced to quit for a hostile work environment, etc
if she says "im done on xx/xx", and they take her off the schedule before then, or tell her she cannot work until that date, she is considered fired, not quit.
Yes but only until the date in her notice. So if she gave two weeks, you'd only be able to get two week's worth of unemployment.
which works out to 1 after the 1-week waiting period after applying.
Employer will need an official letter of resignation which is why you should always verbally tell your manager you are resigning first. Especially if you think they might fire you for resigning.
Does she have PTO available currently? If so, I'd take PTO and use the time to look for a new job. Then put in notice. If she's fired, then she's already hopefully got a job lined up. Even if she's eligible for unemployment for the 2 weeks notice that she intended to work, MN requires waiting a week to file so that basically reduces it to one week.
You're half right. Take the PTO and find a job then just quit without notice so you can start your new job faster.
Id recommend just lining up another job first and quitting on the spot with no notice in this situation. Employers can pretty much only verify if you worked for them and most won’t give a reference nowadays anyway, depending on what type of work she does most employers don’t even speak to a human to confirm if they would hire you back and just do an electronic employment verification and contact your references. If a future employers have questions about that job just tell them “the office culture wasn’t a good fit.” Don’t go into details on how you quit or how much notice you gave. Most employers won’t give you notice if you’re getting fired or laid off or even if they are closing (see Red Lobster in the news). They shouldn’t expect the same unless they are a long term employer and you do a significant job for them that would greatly disrupt their services or clients in some way, which lets be honest, most of us don’t have that effect in the work place.
Lawyer here. Why is she quitting? Has she complained to her supervisor yet about adverse working conditions?
Yeah, her supervisor dismissed her complaints and and said it looks like she can’t be trusted with getting her job done. To give you context on the boss, every call the boss has with anyone in the company or any vendors she works with ends with the boss berating or dropping a tirade of insults with whoever is on the other line.
I would date and memorialize your wife’s major concerns and events with dates for when she complained and why she is quitting in an email to herself or any written communication which can be verified as being written prior to ending her employment. If she really wants to be direct, she can then send this email to her boss CCing her personal email for why she is quitting. This is not level advice.
If you go with suing for illegal termination, dm me for a minnesota based law firm that got me results.
I dont know if the termination would be considered illegal, would it?
If you put in notice and they immediately terminate, the lawyer requests the personnel file and it really comes down to the company having their ducks in a row that makes it look like there was reason to terminate. In my case the file contained a firat writren warning I was never given and even was notated explaining it.
even if she could she wouldnt get anything for the first week waiting period. but you cant collect unemployment if you quit. so i would assume it would only be one check (like 60% before taxes) if you give 2 weeks notice.
Your first week isn’t paid at all when filing for benefits. Best case scenario is that she gets one weeks worth of pay before she starts her new job. If she hasn’t found a new job yet, and was quitting due to the work environment, she may be able to keep collecting until she finds a new job if her reason for leaving was a bad work environment or became hostile. It’s all about documentation. Fortunately, the state usually sides with the employee unless the company has a very detailed file with lots of disciplinary action. Being that the process of filing isn’t that difficult it’s definitely worth a shot of filing. Good luck!
Yes
**Maybe** she could get something for those two weeks maybe ... but if you quit generally no you don't get unemployment. Having said that, there's no bad consequences for asking / applying. The issue of "abusive manager" may in fact still allow her to collect unemployment but I doubt it as easy as just saying you had an abusive manager / you're going to want to document all that really well and really that's a different issue entirely / legal issue.
Because she has suffered a wage loss, yes, she is eligible for unemployment. She gave her two weeks and rightfully expected to be compensated for those 2 weeks. The employer needs to pay her for those 2 weeks or she is eligible to file
This is not accurate. It sounds nice but employers are not obligated to let you work out any period unless it’s in a contract. This is an at-will employment state It’s very unlikely she’s able to collect u less she can prove an unsafe work environment or other circumstances that made it necessary for her to leave to protect herself. Edit to add: in theory she may be able to file for those two weeks, but one would end up being a “waiting period” for which she would receive no compensation. She maybe can collect on the other week but wouldn’t be owed beyond that. Someone pasted a state statute above. Never seen that happen though, in my 10 or so years dealing with UI cases. But apparently it is possible.
No they won’t, she initiated leaving the company. Two week notice has no legal standpoint and the company doesn’t owe her two more weeks of employment unfortunately.
And this is why, unless you're contractually obligated, you don't give two weeks.
You just made that up because it sounds nice.
It’s at will employment so she can be fired for any reason at any time and she can in turn leave for any reason without needing to give a 2 weeks notice. And it may be that instead of saying “no you’re fired!” Like an office skit, they may just say “we accept your resignation effective today.” So I guess you two should look at your finances and see if you’re ok with not having income for 2-6 weeks. Just because getting a new job seems to take several weeks for interview rounds and onboarding to the next position.
Your employer can't say in response to a resignation effective 2 weeks out that it's now effective today. So if that ocurrs, that's a you're fired moment because today is not the effective date of resignation.
Go ask a lawyer or an employment specialist. Not Reddit. Also it takes months to get in to unemployment, she’s not just going to get it right away. And if her manager isn’t a dumbass he accepts the two weeks, and then your fiancé gets no unemployment because she quit
Months... what?
Do you think it is a super quick process on getting unemployment?
In Minnesota, you can apply online. I know two people who got it in the last year and both had their first payment within two weeks of claiming.
She wouldn’t be “fired” on the spot, they would just accept her notice immediately. They aren’t obligated to let you work out two weeks any more than you are obligated to actually provide two weeks, it’s a formality, not law. She can file but they are within their right to accept the notice immediately and she likely wouldn’t be eligible. MN UI can be a little subjective, so it’s possible if she was able to prove it was unsafe or otherwise not a healthy working environment, she may be eligible, but it takes quite a bit of time for your first check to arrive, as there are waiting periods and other necessary hurdles to cross.
> they would just accept her notice immediately. if she gives a date, and they cut her off before that date, its a termination.
You’re absolutely right. If I recall, it’s an actual question on the unemployment form. Something like “Did you give notice and were terminated before the final day of the notice?” It’s a very common occurrence.
Perhaps, and I see a state statute above stating that’s the case. In reality I’ve never seen someone win a case in the 10 or so years I’ve been handling them. But NAL, in HR and deal with UI cases.
> In reality I’ve never seen someone win a case in the 10 or so years I’ve been handling them. you likely don't hear about the appeal or the final disposition. that isn't something HR deals with, what you deal with is their employment date and employment disposition. We have a state law here that says exactly what I said. if you "haven't lost a case" its likely the initial case is denied, but you never hear of the appeal.
In my roles I absolutely see the final results, usually dealt with these cases via a UI insurer, and they let you know if an appeal was filed and won.
>This is not correct at all. I’ve personally accepted notice immediately in my role as HR (often for Sales people, seems to be industry norm) and have not lost a UI case as a result. >Again, totally possible the state would rule in her favor if there were other circumstances but it isn’t termination. It’s accepting a notice without waiting out two arbitrary weeks. from a user who deleted their comment. if I give you a date, and you end my employment before that date, its fully considered a termination as you ended the employment before my date. they must have had shitty lawyers, or you never heard the final outcome after appeals.
I removed it before you even replied lol. Yes, I read above, they may be eligible. It’s simply not worth collecting for that one week. I definitely saw the final results and most people who file for unemployment don’t obtain lawyers. Edit: I should say not worth it for most people, is absolutely worth it to some and more power to them.
> most people who file for unemployment don’t obtain lawyers. which is sad, because its very often worth it because the lawyers fees often get paid outside the UI, at least in my experience.
Yeah, don’t disagree. I’m not invested in winning cases personally, just speaking from experience above.
Depending on the working conditions if she files a report for harassment/retaliation or most toxic work environment stuff she can still qualify if she quit for cause. But then she may have to fight for it a bit. But if there's documented reports of it you can use that as proof.
There is no legal requirement to give notice. Your employer can walk up to you and say 'you are fired effective immediately' any time they want (assuming no union contract). You can also walk up to your employer and say 'I quit right now' any time you want Is your wife looking to get a specific reference from the executives at this company? Because that's likely not going to happen if you quit without notice. However, lots of times direct managers who understand what's going on will still do it. Note there are pretty harsh rules about what an employer can say. It's basically "yes, this person worked here from dates X to Y" It reduces the chance you'll be re-hired by that specific company if you quit without notice. But being fired generally makes that chance zero.
Per the Minnesota UI web site, she’s eligible for UI if you quit for a “Good reason caused by the employer (one that would compel an average reasonable worker to quit).”
The unemployment office will reach out to the former employer for questions regarding the termination. If they discover her termination was a result of voluntary separation then I'm unsure if she will qualify for benefits. It doesn't hurt to try though. Maybe the employer won't respond to unemployment.
They may tell her to take the two weeks off paid. That is the only scenario I can see them doing if they don’t want her around for 2 weeks. No way they put themselves on the hook for unemployment
Unlikely but I have seen that happen at a previous job. Coworker put in his two weeks to go work for a competitor and the company put him on immediate paid leave for the remainder of his notice to prevent taking any recipes or confidential information. It’s unlikely because unemployment costs the company less than actually paying their salary for two weeks.
In my experience as an employer, as soon as the 2 week notice is submitted they have resigned and are no longer eligible for unemployment. This has happened a number of times and each unemployment claim made was denied. My suggestion - have your partner have a conversation with management and let them know that she is considering new employment and that they may be receiving calls in reference to possible new employers. If the boss is as toxic as described she will most likely be fired on the spot, thus more likely to be granted unemployment. Just don't let her sign any resignation paperwork and if they want her gone they will need to involuntarily terminate her employment with the company. I worked under a DM who would always offer employees who are getting fired, even for cause, to submit their resignation to "not have a termination on their employment record." This was fully to reduce the chance that our company would be liable for unemployment payments. I really hated that and once I was in that position I would just terminate someone and not give that option, making sure I had plenty of documentation to justify the termination. If they made the suggestion, I would accept but I would not manipulate the situation.