Can your employer fire you for filing and getting partial unemployment

[russharv63]

My wife works in Virginia for a maintenance company in a mall. She has worked their for over three years. Her hours were recently reduced and she wants to file for partial unemployment. If she files and gets partial unemployment can her employer turn around and fire her? Since she is an at will employee and can be fired for anything as long as it is not discrimination can her employer fire her for filing and getting unemployment? Would their be anything wrongful if she got terminated?

 

[army judge]

My wife works in Virginia for a maintenance company in a mall. She has worked their for over three years. Her hours were recently reduced and she wants to file for partial unemployment. If she files and gets partial unemployment can her employer turn around and fire her? Since she is an at will employee and can be fired for anything as long as it is not discrimination can her employer fire her for filing and getting unemployment? Would their be anything wrongful if she got terminated?

The UNEMPLOYMENT AUTHORITIES DECIDE WHO GETS PAID, who doesn't get paid.

I suggest she abandon applying for UI if she's working.

If she earns too little for her liking, she might want to get another job, or a better paying job.

UI is limited to a few weeks, so what happens when that runs out?

However, as long as she reveals everything, reports all truthfully, there might be no consequences.

 

[txls]

I believe she is entitled to for partial unemployment, but I would expect the rules would be the same as full unemployment in that she would have to be actively looking for either full-time or supplemental employment. Can they fire her just for that? I wouldn't think so, however as I'm sure you know, they can fire her for some other reason or no reason at all. I would suggest she talk to her employer first and inform them that in light of the reduced hours she finds it necessary to file for partial unemployment until she can find something to replace the lost income. At least they will not be surprised when they receive the notice of claim. She can also get a read on their response as to how they feel about it.

 

[ElleMD]

As you were told elsewhere, not legally, but you do need to be prepared for any likely outcome. You know her employer better than we do.