Bronx, NY asked in Education Law and Employment Law for New York

Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

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1 Lawyer Answer
Jacob David Verchereau
Jacob David Verchereau
  • Education Law Lawyer
  • Troy, NY
  • Licensed in New York

A: Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could request a hearing before the Dept of Labor. If you can prove that you were forced to resign or that you resigned under duress, the Dept of Labor may grant you your claim. You would need to establish that this was a forced resignation and not purely voluntary. Speak with a local attorney as soon as possible.

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