Do I have a claim for Unemployment?

[leebee]

I do not know if you'd qualify for unemployment, but when I was on unemployment, I was not required to accept a new position if it was located significantly further away from my home than my prior position was. This makes me think that maybe they'd look at the "relocation" offer the same way? At any rate, do not mention that you are resigning; your job no longer exists, through no fault of your own. That is really all that the paperwork will ask about, if I am remembering correctly.

 

[sam_gordon]

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.

But the OP would still have a photograph of the original document, and then presumably a photo of the "new" document. I would think that would look bad on the part of the company. Not sure what the company could change to make it look like the employees quit.

 

[Foxhound3857]

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.

They’re calling it a resignation.

 

[disneychrista]

They’re calling it a resignation.

Then this is what I would say when you apply for unemployment and then explain the circumstances.

 

[Genie+]

They’re calling it a resignation.

They can try to call it whatever they want. What matters is the UE office definitions of what happened. I’d be prepared to get my ducks in a row. Get paperwork together, update resume, and have some proof of already seeking new position elsewhere. This is your insurance money so if you qualify and it helps you, go for it. But also use the opportunity to the fullest toward getting a new suitable position. The sooner you don’t need the back up ‘security’ the less risk you leave for yourself.

 

[mylilnikita]

My daughter filed for unemployment and got inundated with pages and pages of paperwork. She gave up.

That’s what they want people to do.


So when Covid first came around, I was on furlough for 3 months and I had an easy experience. However a lot of people didn’ t and it showed our state of Virginia had an old outdated system et
Fast forward to early this year I was out on a seasonal layoff. This time it was silly, I had to look for a job at least two each week , um it has my start back at my old job on my paper but ok.
Then one person said oh you can’t stop looking at this date ok I call and go well it is this date I was told this date I can stop nope have to go longer. Um ok. I had trouble getting into my portal online and found out other people did too even after we wait forever on phone for someone to reset it so I called another number to file a claim each week.

 

[Foxhound3857]

They can try to call it whatever they want. What matters is the UE office definitions of what happened. I’d be prepared to get my ducks in a row. Get paperwork together, update resume, and have some proof of already seeking new position elsewhere. This is your insurance money so if you qualify and it helps you, go for it. But also use the opportunity to the fullest toward getting a new suitable position. The sooner you don’t need the back up ‘security’ the less risk you leave for yourself.

I’m putting out on average 3 applications a day. I can print out the emails highlighting that my applications were submitted I guess.

 

[disneychrista]

I’m putting out on average 3 applications a day. I can print out the emails highlighting that my applications were submitted I guess.

No need to do that. If you are approved for unemployment they will ask you to list where you have looked for work. Simply write it in the space provided.

 

[Dznypal]

I decided back in 2016 to retire when the hospital was taken over by another healthcare company.
When I was in HR going through all the paperwork there were papers in my folder for unemployment
The HR person said they weren’t sure if I qualify but the papers were there and I should fill them out and see what happens
So I did and got 6 months of unemployment
I did have to sign up for the state employment website. Also I had do 4 employment searches it could be putting in applications also I signed up for employment websites like indeed I think one was Glassdoor. It really was pretty easy.
Also the HR put me down as job elimination not as retired that’s how I qualified
Good luck finding a new job

 

[barkley]

They’re calling it a resignation.

good ahead and apply for unemployment-be honest and forthcoming on the circumstances. unemployment may find you had good cause for not relocating to a much further away location. my oldest received unemployment in the last year due to an employer who used almost the identical wording in individual letters to staff. unemployment asked why the transfer was not accepted, was told the reasoning (in part b/c the original hiring was for a specific position at a specific location) and the claim was granted. that said-it took a good 4 or 5 months for approval b/c of all the time they have to give the employer to respond but all was paid in the end.

 

[mumto3girls]

I think it is very state specific, but I would certainly try for unemployment even if it was only a slight chance. I once worked with a woman at an insurance company who was moved from an “outside” claims position (some travel was involved) to an “inside” claims position (no travel). Nothing else changed. Same salary, working out of the same office (just had to be there all the time instead of a few days per week) same boss, etc. She didn’t like the loss of freedom of setting her own schedule so she resigned and filed for unemployment. She represented herself and won. I don’t think a single person at the company thought she would win, but she did. Unless there are costs associated with filing, you don’t really have anything to lose, so I would try.

 

[obsesseddisneyfan]

I am an employer in Washington State. In my state yes your would qualify if the commute was significantly greater. This amount of commute is in our code both by miles and or commute time. I would say you were "laid off". For the follow up question I would say "place of employment closed". If you say you "resigned" it puts you in another category and it would take longer to get unemployment/ more paperwork/ might get denied. You can clearly explain why you were let go and so no need to muddy the waters. Keep records of notice that the location was closing, the distance from your house and extra commute time.

 

[tony67]

Yeah - it depends on the state - every state is different.
Because of the difference in commute you may get it - either way if the company does not want to pay they probably have to go in and fight it.

The amount you get is also different by state.
Some states give you next to nothing and some states are half what you made previously up to a max.

When we were laid off the folks who lived 10 miles from me in another state got 1/4 what I got.

Most important thing is to file ASAP

 

[lanejudy]

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.

Nordstrom isn't some little mom-and-pop shop. I'm sure they've been around this block before. They fully expect some employees will file for unemployment. Depending on state rules, the employer may have been required to pre-notify the state of the impending closure and how many employees could be impacted.

This is your insurance money

That depends on the state. Some states do not have a UI tax paid by the employee. The employers bear the brunt of the expense regardless of whether employees contribute.


@Foxhound3857 -- file and be honest. Take advantage of any services they offer you such as resume assistance, interviewing skills, etc. Be prepared to show you are actively seeking employment (and it sounds like you are already) because that will likely be required for the full time you collect. In the meantime, make sure you have some back-up funds available because even if the application goes through smoothly it can be a few weeks before you receive anything. Good luck!

 

[LilyWDW]

ALWAYS apply. The worse that can happen is that they say no.

This may still be seen as constructive dismissal. Even though you "resigned" the terms of employment have been changed (the commute). Now will they see the change as drastic enough? Only the state can decide that.

 

[Cannot_Wait_4Disney]

Nordstrom calling it a voluntary resignation, which it probably is for certain purposes, does not necessarily make it a voluntary resignation for purposes of collecting unemployment.

Your location is closing and they're offering work twice as far away.

I'd file when the time comes. All they can say is no. And if you get another job in the mean time, you won't have to file.

 

[Genie+]

Nordstrom isn't some little mom-and-pop shop. I'm sure they've been around this block before. They fully expect some employees will file for unemployment. Depending on state rules, the employer may have been required to pre-notify the state of the impending closure and how many employees could be impacted.



That depends on the state. Some states do not have a UI tax paid by the employee. The employers bear the brunt of the expense regardless of whether employees contribute.


@Foxhound3857 -- file and be honest. Take advantage of any services they offer you such as resume assistance, interviewing skills, etc. Be prepared to show you are actively seeking employment (and it sounds like you are already) because that will likely be required for the full time you collect. In the meantime, make sure you have some back-up funds available because even if the application goes through smoothly it can be a few weeks before you receive anything. Good luck!

Wow I did not realize only NJ, PA and AK had employees pay UE insurance.

https://www.adp.com/resources/articles-and-insights/articles/w/who-pays-for-unemployment.aspx

 

[obsesseddisneyfan]

Wow I did not realize only NJ, PA and AK had employees pay UE insurance.

https://www.adp.com/resources/articles-and-insights/articles/w/who-pays-for-unemployment.aspx

 

[eandt]

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?

I would file the day after your last day of work as I think the argument could be made that you were laid off on that date. My guess is at the very least you could collect from that date until July 1 expected start at your new location … if you didn’t officially resign (or abandon or job) they can call it what they want but it doesn’t mean they are on firm ground. For this same reason I think you could still accept the position at the new location if you have changed your mind.

 

[Imzadi]

Wow I did not realize only NJ, PA and AK had employees pay UE insurance.

https://www.adp.com/resources/articles-and-insights/articles/w/who-pays-for-unemployment.aspx

Snipped from article above. (ADP isn't a .gov website but a respected payroll company. So, your CA .gov unemployment website would have more specific details for your state.)

"Responding to unemployment claims

When former employees apply for unemployment benefits, the state agency will send a notice to the employer requesting certain information, such as:

• Hourly wages or salary
• Dates of employment
• Status (full time, part time, seasonal)
• Reason for separation
• Date and details of the final incident
• Documented evidence of misconduct
• Additional compensation or severance pay received

Employers must respond to these notices by the appointed deadline or risk penalties and increased SUTA tax rates.

Appealing unemployment claims​

To be eligible for benefits, workers generally must be unemployed for reasons outside of their control, such as layoffs, furloughs or seasonal work coming to an end. In some cases, even quitting for good cause or being fired for anything other than misconduct can be a valid separation. Employees must also meet state requirements for wages earned, time worked and other criteria, such as being able and available and actively seeking work."​