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  1. #1
    Join Date
    Aug 2006
    Posts
    17

    Default Resigning Due To Zero Hours: Can I Get Unemployment?

    Edit: This is from the state of Wisconsin

    To start, I will give you guys a bit of background information. When I started my job, I informed my employers and the company's corporate office that my wife has Cystic Fibrosis. As such, she goes into the hospital for 2 week periods roughly every 4 months. During these times I will probably miss one day of work, maybe even 2 to assist her with paperwork (she is mentally disabled), drive her to or from the hospital, etc. The corporate office approved this stating that even though I was not eligible for FMLA, my situation falls into a "gray area" and as such, these absences would not be counted against my absences provided I provide a doctor's excuse.

    When I had to call in for the last time I needed to take her in, the store manage came on complaining that I miss "too much time due to family medical issues." I apologized, so on so forth and got ready for him to tell me that they were letting me go, which I would have accepted. Then, he told me what he is going to do instead. He said, and I quote "I am no longer going to schedule you until this issues are dealt with." I had already heard that several people working there were having their hours taken away as opposed to being fired so I asked him not to do so. He told me he will talk to me about it on the next day I work. My question is two fold:

    1) Is it legal for him to constantly schedule you for zero hours in lieu of firing you?
    2) If I were to resign in such a situation, could I collect unemployment?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resigning due to zero hours: Can I get unemployment?

    1.) Yes.
    2.) Possibly. Although I'd feel stronger about your chances if you simply filed during the weeks that you were not scheduled, instead of resigning.

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