My friend is a customer service rep who is ready to retire. Her company is talking about layoffs with 13+ weeks of severance, but when she asked (anonymously) if they were accepting volunteers, they said no. In case she’s not one of the ones told to clean out her desk, what are the ways she could get terminated while preserving her ability to claim unemployment (which would equal the 13 weeks of severance)?

UPDATE: She took my advice and saw her doctor. He agreed that she’s experiencing a job-related stress injury, set her up with a Disability claim, and referred her for psychiatric counseling.

        • Usul_00_@lemmy.world
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          This varies by location. I’ve been through it on both sides in a few states, and when working with an employment lawyer one of the most crucial things he said was to make sure the filing was in the beneficial state.

    • chaorace@lemmy.sdf.org
      link
      fedilink
      English
      arrow-up
      0
      ·
      edit-2
      1 year ago

      Also worth noting that most companies prefer to treat any given firing as “without cause” because stating a reason is usually a net-loss in terms of legal exposure.

      Exceptions to the rule include, but are not limited to:

      • States which make it expensive/slow to fire without cause (because money)
      • Union jobs (because union)
      • Retaliative firings (because worker’s rights)
      • Prejudiced firings (because civil rights)

      How does one tell if they’re on the road to a with-cause termination? Simple: documentation. If you’re suddenly being put under a microscope it might indicate that a premeditated f-bomb is hiding around the corner.