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Do I have a claim for Unemployment?

Foxhound3857

Mischief Managed
Joined
Apr 10, 2010
I'm resigning from my position at Nordstrom, not voluntarily, but because our building is closing and even though I was offered a transfer to another building, it presents what I feel is an unreasonable commute, doubling my travel time/distance from 19 miles to about 40 (one way), so I declined it for that reason. It's too late for me to accept assignment at this point even if I change my mind, but given the situation, do I have reasonable grounds here to be eligible for unemployment while I seek another position somewhere else?
 
It might matter what state you’re in. I’m pretty sure here in NJ you could open a claim since the store closed and your option to stay with the job wasn’t suitable due to difference in commute. They determine this stuff on an individual basis.
 
It might matter what state you’re in. I’m pretty sure here in NJ you could open a claim since the store closed and your option to stay with the job wasn’t suitable due to difference in commute. They determine this stuff on an individual basis.

I live in California. Commute distance would've gone from 19 miles to 37, assuming no traffic, and the I138 and I15s are always hit or miss. I also have to factor in wear and tear on my car, since it has 180,000 miles at this point. I'm probably going to have to replace it within a year.

Gas is roughly $5.50 a gallon where I live at the moment.
 
Did you file the paperwork saying you resigned already?

Nordstrom may have offered you another location, knowing full well it wouldn't be worth it to travel. (If you did decide to travel, great for both parties.) But, done this way, you'd be the one that resigns and they wouldn't be listed as the ones that terminated you. I say file in any case and let the unemployment rep decide.
 


Did you file the paperwork saying you resigned already?

Nordstrom may have offered you another location, knowing full well it wouldn't be worth it to travel. (If you did decide to travel, great for both parties.) But, done this way, you'd be the one that resigns and they wouldn't be listed as the ones that terminated you. I say file in any case and let the unemployment rep decide.

They gave us an email notifying us of our transfer that stated failure to respond to the email within 48 hours would effectively be taken as resignation on the employees part. I didn't file any paperwork nor am I expected to from what I understand, I simply told my supervisor of my intent to walk away because of the circumstances surrounding this situation.

They gave us very little warning about this, we were told that this was happening in early March, and the building is slated for closure on July 1st. My last day is going to be May 3rd.
 
You will have to apply to find out. Be honest in all your answers and explain why you chose to not accept the transfer. Even though it may be considered a voluntary resignation it is likely that they will say you had a valid reason to do so.
 
You will have to apply to find out. Be honest in all your answers and explain why you chose to not accept the transfer. Even though it may be considered a voluntary resignation it is likely that they will say you had a valid reason to do so.

I can't file it until May 3rd but should I designate the reason as Laid Off/Fired, or Quit/Resigned?

Because if the building wasn't closing, I was planning to stay here long term. On the next Quarterly Connect I was going to request an increase in hours.
 


You have a more friendly state for unemployment, however, prep for lot of documentation. NC is way low for the unemployment benefits plus if you have at the most 350 a week and many cases it is lower plus you have to show where applied and why you refuse a job offer. Each state has requirements and check the state page for what you need and if you have other needs like food stamps/SNAP. You might want a file to hold copies of your driver's license (front and back) or state id, pay stubs, a spreadsheet on your monthly expenses (rent/mortgage, phone, utilities internet, insurance, etc), and work history, log of you who call and for what). Please update resume, get on multiple job sites, and spread the word that you need a job to friends, family, and place of worship (if you have one) or outreach groups. Take advantage of your area government career centers.

Please cut out subscriptions now, reduce or stop credit card use, no eating out (or cut extremely down), and create your new budget.
Good luck. Remember to stay positive.
 
I can't file it until May 3rd but should I designate the reason as Laid Off/Fired, or Quit/Resigned?

Because if the building wasn't closing, I was planning to stay here long term. On the next Quarterly Connect I was going to request an increase in hours.
My opinion is you resigned. It was your choice to not continue employment.

That being said, yes, plan to file for unemployment. The worst they can say is "no".

In the meantime, start looking for a new job. If the building is closing in July, why is your last day May 3?
 
They gave us an email notifying us of our transfer that stated failure to respond to the email within 48 hours would effectively be taken as resignation on the employees part. I didn't file any paperwork nor am I expected to from what I understand, I simply told my supervisor of my intent to walk away because of the circumstances surrounding this situation.

They gave us very little warning about this, we were told that this was happening in early March, and the building is slated for closure on July 1st. My last day is going to be May 3rd.
This is not very little warning if you still had eight weeks until your last day. Especially if that is your elected last day and you could have worked until July 1.

It will depend on the state as others have said.
 
I see it as being laid off. If you were not working at both locations, how have you resigned? You no longer have employment at your place of employment. Don't let them railroad you. You did not go up to your boss and resign. You were laid off.

Best of luck getting a much better job!
 
You have a more friendly state for unemployment, however, prep for lot of documentation. NC is way low for the unemployment benefits plus if you have at the most 350 a week and many cases it is lower plus you have to show where applied and why you refuse a job offer. Each state has requirements and check the state page for what you need and if you have other needs like food stamps/SNAP. You might want a file to hold copies of your driver's license (front and back) or state id, pay stubs, a spreadsheet on your monthly expenses (rent/mortgage, phone, utilities internet, insurance, etc), and work history, log of you who call and for what). Please update resume, get on multiple job sites, and spread the word that you need a job to friends, family, and place of worship (if you have one) or outreach groups. Take advantage of your area government career centers.

Please cut out subscriptions now, reduce or stop credit card use, no eating out (or cut extremely down), and create your new budget.
Good luck. Remember to stay positive.
This is not very little warning if you still had eight weeks until your last day. Especially if that is your elected last day and you could have worked until July 1.

It will depend on the state as others have said.

I would’ve stayed until July 1st if I was allowed to. It’s because they’re liquidating the staff one shift at a time. 3rd shift is gone now, I’m 2nd and ours is next, and 1st will be the last to go.
 
Here in the UK, you can "sign on" to unemployment benefits, so long as you attend regular meetings with Job Centre staff and actively look for employment elsewhere. You can sign on long term without looking for work if you are classified as "disabled" or with less than 12 months to live.
 
I would’ve stayed until July 1st if I was allowed to. It’s because they’re liquidating the staff one shift at a time. 3rd shift is gone now, I’m 2nd and ours is next, and 1st will be the last to go.
While I think that helps your case, I don't think it's a slam dunk. Apply for the unemployment and see if the company fights it.
 
I didn't file any paperwork nor am I expected to from what I understand, I simply told my supervisor of my intent to walk away because of the circumstances surrounding this situation.

Good. Do NOT file any paperwork stating you are voluntarily resigning. They may have been purposely vague to insinuate you are resigning, so you think you can't file for unemployment.

It’s because they’re liquidating the staff one shift at a time. 3rd shift is gone now, I’m 2nd and ours is next, and 1st will be the last to go.

HOW are they liquidating the staff? The employees have to be informed somehow that they are no longer to be coming to work the next day/week? Are people getting emails regarding their last day? Is it just verbal? If they are sending emails, the wording may be important.

If it's just an announcement on a bulletin board, take a picture of it. You want all the communications documented. (Of course, don't do this when management is around.)
 
I can't file it until May 3rd but should I designate the reason as Laid Off/Fired, or Quit/Resigned?

Because if the building wasn't closing, I was planning to stay here long term. On the next Quarterly Connect I was going to request an increase in hours.
What is your employer considering it? Are they considering it a lay off or a resignation? Whatever THEY are saying is what you should say on your paper work for unemployment. You can always give your reasoning for why you didn't accept their offer to transfer to the other store.
 
My daughter filed for unemployment and got inundated with pages and pages of paperwork. She gave up.
 
I'm curious, why not?

Whereas, now they are being vague and it may slip into an accidental loophole they haven't covered, once they notice an employee is possibly fighting the "resignation" they may firm up their communications and fine-tooth comb whatever is currently posted and sent.
 
My daughter filed for unemployment and got inundated with pages and pages of paperwork. She gave up.
Well that's on her. I got denied initially and applied for a hearing during COVID because I knew why they denied it and it was misunderstanding of my position at the company. It took 6 months to get the hearing but I got all my back unemployment that I was owed. Thankfully I was in a position where I was able to wait it out. I can't imagine if I was a single mom in that position. What a nightmare. But honestly, if you're unemployed all you have is time to look for a job and fill out paperwork to get any benefits you are entitled to at the time. Why on Earth would you just give up?
 

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