Different niece - youngest niece Sarah has the new job, oldest niece Kim is still stuck. Currently they are both working in the same soul-sucking department.

This may mean that she should make them fire her, but I'm not sure she can last until they do. She's losing her freaking mind.

I was under the impression that there are grounds that if you are fired, you are not eligible for unemployment. I want to say insubordination, and the like. But I'm not HR person, so can't say for certain.

I thought if you quit, you're ineligible. If you're fired, you can apply. But the company can fight it on some grounds.

Ah, sorry, I was confused.

So, if she gets fired, she could still get unemployment? I'm surprised.

They can fight it if you're fired "for cause" like stealing or just never showing up -- varries by state, natch.

A friend of mine was given the choice of quitting--and her employer would not fight her unemployment claim--or getting fired, and they would fight it.

She chose to leave and take the unemployment.

If she can get references, I'm not so sure it matters. but references can make a big deal of difference. I assume she is looking?

Steph, I'm sorry your family has been so under siege this year and I hope your Uncle D makes a rally. You are NOT the Angel of Death.

In CA, last I knew, you cannot get unemployment if you quit. You cannot get unemployment if you're fired for cause - like stealing. However, you can get unemployment if you were fired or laid off.

The decision really has to be up to your niece in that the survival thing to do in this economy is to keep doing your job as best as you can do it and if they want you out - they can damned well fire you or lay you off and pay severance and unemployment. However, there are times, even in a super shitty economy like this one, where it's better to quit because you're in serious danger of a mental health breakdown if you don't. Only she can answer that question.

If it were me, Zen, I'd probably make them fire me before I quit. In this economy, it's not as big a black mark as it used to be.

Of course, I'd be actively looking and trying to find something else so I could tell them to shove it, too.

With a state employee, they probably can't ding her on references--they can only verify dates of employment. They can't say what kind of employee she was. If she still has some good contacts within the company, they could provide references for her.

Ugh, Steph. I hope your uncle improves. You are NOT the Angel of Death, I am sorry you feel that way.