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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Worked for 5 Weeks and Got Laid Off - Can I Get Unemployment

    My question involves unemployment benefits for the state of: Illinois.

    After 3 years, I quit my job because owner was giving me hard time at work. My unemployment was denied because I quit the job. After 1 month I was able to find another full time permanent job with lower pay but unfortunately I got a lay-off after 5 weeks. I am still looking around for a stable job. I live in Illinois, Cook County.
    My Questions are:
    1)Am I qualified for unemployment since I worked only 5 weeks?
    2)From which employer unemployment department will collect my unemployment benefits: lay-off employer (recent employer) or the employer I quit (previous employer)?

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Worked for 5 Weeks and Got Laid Off - Can I Get Unemployment

    Check your state laws. Since you quit Job A, you probably have to make a certain amount before you can "re-qualify" for benefits.

    Patty is the one who could say for sure.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,906

    Default Re: Worked for 5 Weeks and Got Laid Off - Can I Get Unemployment

    Read this. You may qualify either if you meet the reemployment requirement described, or if your resignation falls under one of the listed exceptions.
    Quote Quoting Voluntary Leaving Disqualification
    An individual will be ineligible to receive benefits if he has left work voluntarily without good cause attributable to his employer.

    The disqualification continues until the individual has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of 4 calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of FICA. (Section 601)

    There are 7 exceptions that exempt the worker from disqualification even though he has left work voluntarily without good cause attributable to the employer:
    1. When the worker is deemed physically unable to perform his work by a licensed and practicing physician, or because the individual’s assistance is necessary for the purpose of caring for his or her spouse, child, or parent who, according to a licensed and practicing physician or as otherwise reasonably verified, is in poor mental or physical health or is mentally or physically disabled and the employer is unable to accommodate the individual’s need to provide such assistance. (Section 601B1)

    2. Where the worker has left work with one employer in order to accept bona fide work with another employer, and after such acceptance, works for at least 2 weeks for the new employer, or earns wages equal to at least 2 times his current weekly benefit amount. (Section 601B2)

    3. Where a worker refuses to accept a transfer to other work offered by his employer under the terms of a collective bargaining agreement, or established employer plan, when such transfer would result in the separation of another worker currently performing this work. (Section 601B3)

    4. Where the sole reason for leaving work was the sexual harassment of the worker, and the employer knew or should have known of the harassment prior to the leaving and failed to take timely and appropriate action. (Section 601B4)

    The Act defines sexual harassment as follows:

    a. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication which is made a term or condition of the employment; or

    b. The employee’s submission to or rejection of such conduct or communication which is the basis for decisions affecting employment; and

    c. When such conduct or communication has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate actions to correct the problem.
    5. Where the work accepted after the worker’s separation would be deemed unsuitable for him under the provisions of Section 603 of the Act. (Section 601B5) For further information concerning this exception see the discussion of Refusal of Work Disqualifications.

    6. Where the worker leaves work due to verified domestic violence which caused the individual to reasonably believe that his or her continued employment would jeopardize his or her safety or the safety of his or her spouse, minor child, or parent provided that the worker provides notice to the employing unit of the reason for his or her leaving and provides the Department with certain specified documentation.

    7. Where the worker, due to a change in the location of employment of the worker’s spouse, leaves to accompany the spouse to a place which is impractical to commute to or leaves to accompany his/her spouse on a military reassignment.

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