Tag: Quit Job

Quit job essentials, rules and best practices. Advisement on unemployment, legal rights, resignations, and other law related

  • Unemployment and Quitter Confidence

    Unemployment and Quitter Confidence

    Quitter confidence impacts unemployment. For those unfamiliar with this term of art, quitter confidence is a term used to describe the level of confidence employees have in leaving their current job and finding a new one. This is an important concept in the labor market, as it is closely related to the unemployment rate and can provide valuable insights into the dynamics of the job market.

    When the unemployment rate is high, quitter confidence tends to be lower. This is because individuals may feel that there are limited job opportunities available and that it may be difficult to find new employment quickly. As a result, they may be less likely to quit their job and risk being unemployed for an extended period of time.

    Conversely, when the unemployment rate is low, quitter confidence tends to be higher. This is because there are more job openings available, and individuals may feel more confident in their ability to find new employment quickly. As a result, they may be more likely to quit their job and seek out new opportunities.

    The relationship between quitter confidence and the unemployment rate is complex and multifaceted. While a low unemployment rate can lead to an increase in quitter confidence, there are other factors that can impact an individual’s decision to quit their job, such as job satisfaction, salary, and career prospects.

    Job Market Impact

    Quitter confidence can have a significant impact on the labor market, as it affects the number of individuals who are actively seeking employment and the overall turnover rate of the workforce. When quitter confidence is high, there may be a higher turnover rate, which can create job openings and opportunities for new job seekers.

    On the other hand, when quitter confidence is low, there may be a decrease in the turnover rate, which can result in fewer job openings and less opportunity for new job seekers. This can lead to a stagnation in the labor market and a decrease in economic growth.

    Furthermore, while high quitter confidence can lead to an increase in job turnover and create job openings, it can also lead to increased competition for available jobs and put pressure on employers to offer competitive salaries and benefits in order to attract and retain employees.

    Understanding the relationship between quitter confidence and the unemployment rate is crucial for policymakers, economists, and employers, as it can provide insights into the dynamics of the labor market and inform decisions related to employment policies, job creation, and workforce development.

    In conclusion, quitter confidence and the unemployment rate are closely related concepts that have a significant impact on the labor market. By understanding this relationship and its various nuances, we can better understand the dynamics of the job market and make informed decisions to support economic growth and job creation.

  • Quitting Your Job and Getting Unemployment

    Quitting Your Job and Getting Unemployment

    Because Minnesota has rules that support unemployment benefits for workers who quit their job, gathering evidence or documenting events or conversations can be extremely helpful.  For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.  

    That said, a lot of people are not able to gather or acquire documents prior to their job ending.  Luckily, there are ways for unemployed workers to acquire evidence.  In addition to subpoena power, an applicant in Minnesota can use Minnesota statute 181.961 to acquire a copy of a personnel file.

    Unemployment Tip # 016 – Because Minnesota allows unemployment benefits for workers who quit their job, I like the idea of gathering evidence prior to quitting.  For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.  Also, I like the idea of acquiring contact information from co-workers who might be able to assist down the road”

    Exactly what is part of or excluded from a personnel file is really unknown until a copy is obtained.  Usually, the types of documents within a “file” include:

    • Tax verification forms,
    • Job applications
    • Action Plans
    • Reprimands
    • Promotion Information

    Even if a worker or employee believes they do not need a copy, asking for a copy is important.  In terms of an unemployment appeal, demanding reasons why a work event wasn’t documented or included within a personnel file can offer probative value to an applicant’s claim for benefits.

  • What If My Employer Says I Quit My Job?

    What If My Employer Says I Quit My Job?

    Can you say “I quit my job” or is a former employer trying to convince you your actions were viewed as quitting?  Over the past month, many Applicants have contacted me to discuss whether or not they quit.

    I believe workers sometimes do know one way or the other because the words or emotions expressed with their employer were confusing or misinterpreted.

    If you are confused whether you are supposed to say I quit my job or I was fired, this is how I would approach this problem.

    Did I quit my job?

    Whether your job ended yesterday or ten years ago, I encourage all applicants to type or write down what they remembered.  Yes, be very specific and include details like:

    • What time of day,
    • Was it before or after a specific point in your day (break, lunch, meeting, etc.),
    • Were did the communications take place (conference room, lobby, phone, etc.)
    • What are the names of the people who participated in the communications,
    • Are there e-mails, notes, faxes or other pieces of paper that can help you describe the situation,
    • *What specific phrases do you recall being stated, and
    • *What happened AFTER you believed your job ended?

    I still do not know if I quit my job?

    No worries.  The step of taking notes of the situation is merely a reference for you down the road.  Unfortunately, an appeal for unemployment can take many months.  For this reasons, it is important to have a point of reference.

    I never quit my job

    It is never easy using the evidence standard in an unemployment case to prove “I never quit my job”.  Some employees like to engage a witness for help reduce the risk of an employer lying under oath.

    If this is not possible, then consider these tips:

    • Can you show a reason why your job might have ended (performance, business slowed down, etc.),
    • Can you find examples why you would never quit your job (health insurance, rent, length of employment),
    • Did you submit a written note or a formal resignation, or
    • Did your boss place an unreasonable amount of stress on you when the job ended?

    What if you cannot remember?

    Again, the issue is not whether you remember.  Instead, the goal is to use facts that support your application and claim for unemployment benefits.

    Yes, every situation is different.  For some, the rules for unemployment eligibility favor workers who can state their employer ended the job.  The rule that generally applies to a worker who quit their job can use Minnesota law 268.095 for guidance.

    I still do not know if I quit my job

    In my experience, the real decision maker is the Applicant and how they interpreted the events.  How an employee becomes successful proving their eligibility for unemployment is using a specific story line that aligns with rule 268.095.

    Please contact me if you need help preparing for a successful case.

  • Employees Who Quit Job For Health Reasons

    Employees Who Quit Job For Health Reasons

    If you are looking for an example why a worker should consider having their unemployment appeal reviewed by an unemployment lawyer, look no further than a recent decision in Minnesota called Newkirk v. Gerard Treatment Programs, LLC.

    In this case, an applicant from Minnesota requested unemployment benefits after she quit her job for medical or health issues.  That being said, the applicant for unemployment benefits made an argument regarding the fact that she quit her job for medical or health issues despite the fact that other arguments could have been made that would have assisted her in her request for unemployment benefits.

    Unfortunately, the worker in this case chose to utilize a weaker argument and insisted that she quit her job for medical or health issues.  Stating that she quit her job for medical or health issues was a weaker argument because she didn’t satisfy all of the conditions required when a person quits their job for medical or health issues.  After she was identified as eligible, it was identified that she didn’t quit.  Despite this, the employer appealed the applicant’s claim for unemployment benefits and an unemployment appeal hearing occurred.

    Case Law Discussing Health Issues

    As outlined by the Minnesota Court of Appeals, the applicant in Newkirk v. Gerard Treatment Programs insisted on a legal argument that failed to help her qualify for unemployment benefits in Minnesota.  In Minnesota, a worker who quits their job is ineligible for unemployment benefits. 

    On the other hand, a worker who quits their job for medical reasons might be eligible for unemployment benefits if they quit their job because of a serious illness or injury made it medically necessary for the worker to quit.  But, a worker who quits their job has nearly a dozen other legal arguments available to them on why they should be eligible for unemployment benefits.  

    Despite this, the applicant in this particular case limited her argument to one issue – she quit her job for health issues.

    Quitting A Job for Health Issues

    A person in Minnesota who quits their job for medical or health issues is not automatically eligible for unemployment benefits.  Quitting a job for health issues or medical reasons in Minnesota is an extremely complicated argument because it requires specific communications between the worker and the employer.  

    Without outlining these communication requirements, an applicant for unemployment benefits will likely loose their request for unemployment benefits for not meeting requirements mandated by Minnesota law.

    As referenced above, the Minnesota Court of Appeals recently reviewed Newkirk v. Gerard Treatment Programs where the worker quit their job for medical reasons.  Had the worker not solely argued she was eligible for unemployment benefits after quitting for medical reasons, perhaps the Minnesota Court of Appeals, which heard the applicant’s unemployment appeal, could have used a different legal theory to support her claim for unemployment.  But, because the applicant failed to outline this argument, the Minnesota Court of Appeals didn’t have the authority to decide this element of the unemployment appeal.

    Therefore, please consider using all available arguments rather than one argument when appealing for unemployment benefits and prevent making the same mistakes the applicant in Newkirk v. Gerard Treatment Programs, LLC made.