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Unemployment if Laid Off After Less Than 6 Months at One Job

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  • 07-18-2014, 11:54 PM
    Cielo
    Unemployment if Laid Off After Less Than 6 Months at One Job
    My question involves unemployment benefits for the state of: Arkansas

    Imagine if a person works at one place for 9 months, and then receives a better job offer... s/he doesn't get to leave a 2 week notice, because the new job starts now. There are scheduling conflicts because the 1st job needs this person full time, even though s/he only applied for a part time job. The new employer gives the schedule, and s/he is unable to work hardly any of the time from the 1st job...

    1. Assuming s/he asked the 1st employer for a compatible schedule for the 2 week notice period, would it be considered quitting or getting fired if the employer is unable or unwilling to work out a compatible schedule?
    2. If s/he gets laid off from her 2nd job after 5 months for no good reason... can s/he still receive unemployment benefits.
    3. Can s/he get unemployment benefits if s/he quits the 1st job to work the 2nd job, then gets laid off for no good reason after 5 months?
  • 07-19-2014, 08:02 AM
    cbg
    Re: Unemployment if Laid Off After Less Than 6 Months at One Job
    What the person should do is simply file for unemployment. The state will look at all the details and decide if she qualifies. There are no penalties for being wrong and the worst that can happen is that the state says no. If that happens she is no worse off than if she didn't apply in the first place.
  • 07-19-2014, 08:30 AM
    chyvan
    Re: Unemployment if Laid Off After Less Than 6 Months at One Job
    Quote:

    Quoting Cielo
    View Post
    1. Assuming s/he asked the 1st employer for a compatible schedule for the 2 week notice period, would it be considered quitting or getting fired if the employer is unable or unwilling to work out a compatible schedule?

    It's quitting if you say, "I can't work this schedule anymore so I'm quitting." It's a discharge if the employer says, "you're never available when we need you so we're letting you go." In the end, it only matters if this job was your LAST employer.

    Quote:

    Quoting Cielo
    View Post
    2. If s/he gets laid off from her 2nd job after 5 months for no good reason... can s/he still receive unemployment benefits.

    Very state dependent, and I don't want to look it up. On a percentage basis though, working there 5 months is enough to purge a disqualification from a job that you quit. However, I'm getting the feeling that you worked two jobs concurrently right up until you get let go, and in a case like that, timing of the discharge/quits can mean all the difference between a UI check or nothing at all.

    Quote:

    Quoting Cielo
    View Post
    3. Can s/he get unemployment benefits if s/he quits the 1st job to work the 2nd job, then gets laid off for no good reason after 5 months?

    Depends on the state, but if I were to guess, you could quit the 1st job now, take the better job, and if you get laid off or fired for a nondisqualifying reason, you would get UI benefits.
  • 07-19-2014, 08:39 AM
    cbg
    Re: Unemployment if Laid Off After Less Than 6 Months at One Job
    chyvan - did you notice that all of the above scenarios end with "was laid off from job two after five months for no good reason"?

    Clearly this is a situation that already happened. The facts are what they are - she's trying to figure out how to express it in such a way that unemployment is guaranteed. But since, as you already pointed out, only what happened at job two matters and not at all what mattered at job one, she needs to stop wasting time on the internet trying to manipulate the situation and simply file for benefits.
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