If you work for a company with a union and are suspended for 30 working days without pay due to progressive discipline, are you entitled to claim unemployment benefits?

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If you work for a company with a union and are suspended for 30 working days without pay due to progressive discipline, are you entitled to claim unemployment benefits?

Asked on August 15, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you would generally not be entitled to unemployment benefits in the case you describe, because the (temporary) lack of employment is "for cause"--that is, due to the employee doing something wrong or improper at work (whatever it was that led to the progressive discipine). There is no unemployment compensation for not working due to "for cause" reasons.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you would generally not be entitled to unemployment benefits in the case you describe, because the (temporary) lack of employment is "for cause"--that is, due to the employee doing something wrong or improper at work (whatever it was that led to the progressive discipine). There is no unemployment compensation for not working due to "for cause" reasons.


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