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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default If You Quit Due to Bounced Paychecks Can You Still Get Unemployment

    My question involves unemployment benefits for the state of: Colorado

    Hi,

    I have been having some issues at work. In the past three months, I have had three paychecks bounce. My employer takes care of it quickly but it has caused some stress for me. This last one bounced on a Friday, and I was broke all weekend until I got a new check on Monday. Also my hours have been cut drastically, from full time hours to less than five a week. My employer tells me there will be more work shortly down the road but given the way things have been lately, I am skeptical. On top of this I signed a contract a few months back for much more money which my employer backed out of. Given these things I am having a hard time being confident that my job will be able to be enough for me to get by on or that another bounced check will have a more profound effect. I'd like to quit based on this uncertainty but want to know that I will be able to receive unemployment while I search for something more consistent and dependable. Do you think I would be safe to go ahead and severe ties with my employer? Thanks for your help.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: If You Quit Due to Bounced Paychecks Can You Still Get Unemployment

    Bad checks can provide good cause, but after informing the employer and them making good on the checks sort of erodes the good cause, but since it's happened three times, that may be enough, but in these cases the standard is "repeated" and I've never seen any case law saying just how many times it has to happen to rise to good cause so you'd be going into this with out a clear definition as to just how many bad checks makes a good cause quit.

    The employer cutting your hours might be good cause in your state, but 5 hours per week could well qualify you for partial UI, and that might be a more desireable situation with less uncertainty. The hours cut is a problem in many states for quitting, but did other things happen because of the reduction in hours? Did you lose valuable fringe benefits like health insurance? Then you can turn it into a pay cut issue and state's recognize pay cuts more so than cuts in hours as good cause quits provided you try and can prove that you tried to get the employer to change their mind and restore you to your previous terms and conditions of employment.

    You say you signed a contract and your employer reneged. That can be good cause too, but you have to make an effort and be able to prove that you tried to get the employer to follow the terms and conditions of employment spelled out in the agreement.

    The thing is you might qualify for unemployment, but I went the route you're contemplating. I quit because my hours were cut, and I lost all my full time benefits. It took me 2 deputy, 2 tribunals, and three board of review appeals spanning 11 months, and then an addtional 1 month for my winning decision to get me my first UI check. So even if you have a winning situation, it can take a long time to get any payment. If you can't afford to be without income that long, the partial UI is maybe the better decision for you.

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