I work for a major bank involved in the mortgage business. I am in a sales position paid by commission only (no salary, just a draw against comission each month). Our industry is in turmoil with Wall street pulling all our capital funding. Effectively my company has cut 80% of their products. The products left to sell are minimal as many remaining products aren't even useful in my area due to property values ( orange county , CA). Our pay contract was altered earlier in the year so our pay adjusts quarterly depending on how the market is doing. Now the market is gone I suggest there will be a major cut. I cannot make any money in this environment. Can I quit and go back to school while collecting unemployment? I imagine I'll get fired anyway soon due to lack of production but it's really out of my hands. A week before this market disruption they tried to make me sign a forward agreement on my production which I "refused", Now it's impossible to hit the quota. 1) Contact your state's employment office to find out what applies to you in your situation.
2) And/or, consult an attorney who specializes in such unemployment insurance matters.
In the meantime, here is some possibly useful information that can help you better discuss your situation with your attorney.
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http://ask.yahoo.com/20061213.html
Federal Unemployment Insurance is administered by individual states and territories. The rules (including eligibility, how much money you get, and how long you receive it) all vary. According to the AARP, you're usually not eligible for unemployment benefits if you quit your job. But if you show "good cause" for leaving, you might receive benefits. The problem is that states define that term differently.
Most states consider "good cause" something the employer has done to cause you to quit your job. But some states say that leaving for personal reasons (like being a caregiver for someone who is ill) is sufficient enough to receive benefits. If you quit due to a workplace situation then, before applying for unemployment benefits, you "must show that you have asked your employer to correct the situation." Also, it's important to "show that the situation would cause any reasonable person to quit."
Because benefit eligibility depends on where you are, it's best to contact your state's employment office to find out what applies to you in your situation.
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unemployment benefits "good cause" quit
If you quit your job, you are usually not eligible for unemployment benefits. But you may be eligible if you quit for "good cause." There are big differences in how the states interpret good cause.
In a few states, you may still be eligible for unemployment benefits if you quit your job for a personal reason, such as caring for a family member who is ill. In most states, "good cause" must be something that the employer does to justify your quitting your job.When you apply for unemployment benefits based on one of those reasons, you must show that you have asked your employer to correct the situation. You must also show that the situation would cause any reasonable person to quit.
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http://www.larcc.org/pamphlets/benefits_...
You may quit for good cause attributable to your employer.
"Attributable to your employer" means you quit because of problems related to your job. These reasons may include:
Unsafe working conditions:
A job which is damaging to your health (with medical proof).
The job must either cause your illness or make your medical condition worse:
A change in working conditions that is harmful to you. For example, you may be asked to work longer hours, take a reduction in pay, or have to do very different job duties.
YOUR EMPLOYER BROKE YOUR ORIGINAL CONTRACT. For example, your employer did not give you a pay increase that was promised in your contract.
In addition, before quitting you must:
Talk with your employer about why you want to quit. You must give the employer a chance to work out the problems, unless you can show it would have been useless to have done so. For example, you may have told the employer about the problem many times and the employer did nothing about it;
Explore all other alternatives to quitting, such as taking a leave of absence. You must show that quitting was the only reasonable thing to do.
You may also quit for certain other reasons and still get benefits.
You quit to care for a seriously ill spouse, child or parent who is living with you, as documented by a licensed doctor. However, you may be eligible only AS LONG AS you are available for some employment. (For example, you are available to work during different hours or you are again able to work because you now have care for the family member during working hours). You cannot collect benefits if you are not available to work.
You quit because you lost your transportation (other than your own car) to get to and from work, AND there is no other reasonable way to get to work.
You quit to protect yourself or a child living with you from domestic violence. You may be asked to show that you tried to keep your job. The Department of Labor (DOL) calls this making "reasonable efforts" to hold onto your job. Reasonable efforts could include asking for a transfer or leave of absence before you quit. The DOL will look at each case individually.
You quit a job within 30 days of starting the job because it turned out to be "unsuitable." Reasons a job may be unsuitable include a commute that was too long, or where the job "put at risk your health, safety or morals"鈥攚hich usually means you had to travel between 1 a.m. and 6 a.m. If you wait until after 30 days to quit, you will be found to have agreed to the unsuitable condition, and be unable to get unemployment compensation.
Exceptions are sometimes found鈥攅ven if more than 30 days have passed, depending on the circumstances. For example you may have good cause for quitting if you made repeated complaints about a workplace situation, or if the employer promised to fix the situation but still failed to do so.
In addition, YOU MUST be able to explain why the job is unsuitable. YOU MUST be able to explain how the conditions of the job caused you problems. YOU MUST tell your employer about the problem, and try to work out the problem before quitting鈥攗nless it would have been useless to have done so.
You MAY quit and still get unemployment compensation if you leave part-time work to accept full-time work. I'm not sure about unemployment, but quit before you get fired-it will look better on your resume. However, if you will be let go rather than fired, then keep your job as long as you can-it's still going to be getting you more than unemployment money. wow, I feel for ya, that really sucks.
I'd call it management misconduct. But that's going to be a hard sell to EDD. As an employer, I can tell you that EDD is VERY slanted toward the employer's version of events, because THAT is who pays the premium (the majority of it).
And if you go back to school, you can't collect unemployment, because rule #1 is "able and willing to accept work". and if you're in school, you don't qualify. Earn Money Easy !!!
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