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by gnicholas 1158 days ago
Can you explain what you mean by "slam dunk un employment claim"? Do you mean you'd be able to get unemployment benefits (which come from the state, not your company)? Or do you mean you'd have a claim against the company?

As a former lawyer (US-based), my sense is the first is true, and the second is not. As long as they're not canning you for being in a protected class, they can fire at-will employees whenever they want.

1 comments

Yes, but you generally can't get unemployment for quitting. You have to get laid off or fired by the company to be eligible for unemployment benefits. It's especially easy to get benefits if you were fired without cause. There's no legal protection in cause/or no cause, but it will be the difference between an easy unemployment claim and a contested one.

Most employers get their unemployment insurance rate set by the number of people that require the service just like any other insurance. When an employee can prove they quit (probably before you started 'performance managing' for a with cause termination), then it makes it much simpler to just let them leave then to do the paperwork, eat the unemployment insurance adjustment, risk a possible 'wrongful termination' lawsuit (regardless of merit or ability to win).

Transferring their work and letting them dick around for a week is going to be considerably less work and risk then terminating them before the date. So as a general rule, when you give advance notice, in writing, there is a very good chance that they'll just let you leave on the day.

Additionally, if you fire everyone immediately when they give notice, then people stop giving notice all together, so you just come in some days and are a person short.