Quiting Job- dole possible ?

CommanderC

I know if you quit your job, then you are not able to go on the dole for a number of months. However I have read that, if you quit your job with justifiable cause, then you can go on the dole while you look for a new position.

My girlfriend has been working for the last few months and her boss has continuously put off giving her a contract and wage slips. Recently, she requested a P60 put was basically ignored. We are thinking that he is not paying whatever taxes and charges he is supposed to be.

Shortly after she started in the job, she rang the revenue to get herself registered as employed by this guy. When she rang the Revenue, they had no record of her new employment. Although she is registered, I really don't think he has kept up or even started paying PRSI etc for her.

I have told her to get out of there but she is afraid that if she quits, while she is looking for a new job, she would not have any income.

Is her situation, justifiable cause for leaving ?

Could anyone offer any advice ?

Milk & Honey

CommanderC wrote: »

I know if you quit your job, then you are not able to go on the dole for a number of months. However I have read that, if you quit your job with justifiable cause, then you can go on the dole while you look for a new position.

My girlfriend has been working for the last few months and her boss has continuously put off giving her a contract and wage slips. Recently, she requested a P60 put was basically ignored. We are thinking that he is not paying whatever taxes and charges he is supposed to be.

Shortly after she started in the job, she rang the revenue to get herself registered as employed by this guy. When she rang the Revenue, they had no record of her new employment. Although she is registered, I really don't think he has kept up or even started paying PRSI etc for her.

I have told her to get out of there but she is afraid that if she quits, while she is looking for a new job, she would not have any income.

Is her situation, justifiable cause for leaving ?

Could anyone offer any advice ?

Make a complaint to the Rights Commissioner under the Terms of Employment Act. She can get an award of 4 weeks wages. He will probably sack her and that will solve the problem.

Mrs OBumble

She could also contact Welfare, and ask for a report about her PRSI stamps. This will give her concrete info about what is/isn't being paid.

Lollipops23

To be honest-if her boss isn't paying the relevant taxes your GF may not have the stamps to claim JSB...I'd tell her to inquire on the sly before doing anything...

tatli_lokma

even if you are sacked there is such a long back log of applications for JSB that people are waiting up to 12-14 weeks before they get any benefit anyway.
If she does decide to leave she will have to wait for her claim to be processed anyway. If she feels stuck for money in the meantime, and given the situation she was in regarding her employer not following the legal requirements, then she could chance visiting her local Community Welfare Officer who may grant her benefit while she is waiting on her dole. When her dole does come through, it will be backdated and they will then deduct any money from the CWO from that to balance everything up.

I would definitely make some quiet enquiries on the employer...sounds like something is up alright

Elevelyn

I quit a job I was in just as the recession started getting really bad, it was christmas week, went straight to the dole office and explained what happened and they sorted me out really fast, told me to go to my community welfare officer to get payments before my dole came through. Was a bad situation though, was accused of stealing, my wage cheques were bouncing, wasn't getting breaks and loads of other crazy things.

Dunno if the same would happen with your girlfriend but if i was her i'd call in to the dole office and ask a few questions before quitting, good luck

Smithey88

To chime in on the 'quitting your job but no social welfare' aspect.
Just no show. If you go awol days from work without contact or returning phone calls. You are fired.

tatli_lokma

Smithey88 wrote: »

To chime in on the 'quitting your job but no social welfare' aspect.
Just no show. If you go awol days from work without contact or returning phone calls. You are fired.

No you're not. Technically not until you get a written notice of dismissal. In the case you have said, you walked out, you weren't sacked.

I know someone who was being treated badly in work, but because they thought they would get dole quicker decided it would be best to get sacked rather than leave. So they did just as you said, just didn't turn up. When the manager phoned him he just said, nah I don't want to come in. He assumed he would be sacked. But alas no. The manager being a wiley git copped on to what he was doing, and has just continued to roster him and he continues not to show up. The manager could well sack him, but wont as he knows this is what he wants. Long story short, he doesn't get paid if he doesn't do shifts. He has been without paid work for 4 weeks now. He now either has to return to work with his tail between his legs or leave. Had he left 4 weeks ago he would be 4 weeks closer to getting his dole and could have gone to the CWO for a help while he waited.

Smithey88

Little Ted wrote: »

No you're not. Technically not until you get a written notice of dismissal. In the case you have said, you walked out, you weren't sacked.

I know someone who was being treated badly in work, but because they thought they would get dole quicker decided it would be best to get sacked rather than leave. So they did just as you said, just didn't turn up. When the manager phoned him he just said, nah I don't want to come in. He assumed he would be sacked. But alas no. The manager being a wiley git copped on to what he was doing, and has just continued to roster him and he continues not to show up. The manager could well sack him, but wont as he knows this is what he wants. Long story short, he doesn't get paid if he doesn't do shifts. He has been without paid work for 4 weeks now. He now either has to return to work with his tail between his legs or leave. Had he left 4 weeks ago he would be 4 weeks closer to getting his dole and could have gone to the CWO for a help while he waited.

Ouch... bad situation.
But I speak from experience tho I was working and the job reduced my hours something terrible. So I just no-showed and they started calling me ... thing was I never answered their calls. I blanked them and they knew it. As my phone was always on and kept on ringing out.

From the sounds of it your friend made a mistake by answering the phone call. Ultimately its the manager just being a dickhead here. But from my experience of watching others no show. I have seen managers say "well he's fired. if he wants a reference or his p.45 he can get lost now" etc etc. The manger thinking they'll get the "last laugh" type of thing.

In my situation I said to the social that I rang in sick as I was dying with the flu but two days later the manager rang me and said he was never informed, blah blah, if i didnt come into tomorrow, blah blah. Which I couldnt cause I was sick ... blah blah :pac:

Maybe I got lucky or maybe its just another example of how bulls*it can work in this world :pac:

tatli_lokma

Smithey88 wrote: »

Maybe I got lucky or maybe its just another example of how bulls*it can work in this world :pac:

Yeah I think you got lucky. A lot of people applying for dole are now being asked to provide proof they were dismissed. I have heard to welfare officers phoning previous employers. One phone my last job actually to check that the person had been made redundant as opposed to leaving. This was in spite of the ex-employee showing a statement of the redundancy settlement.

As an employer, if you are going to play by the book, then you can't just say 'right he's sacked' if someone doesn't show up. You still have to be seen to have followed correct grievance and disciplinary procedure. I was once in a situation where a girl went on hols and never returned. We knew full well that she was never coming back, but still had to follow correct procedure. We had to write to her requesting she contact us. Then a second letter requesting her presence at a disciplinary meeting. Then when she was a no show a further report to show we had done all we could do to encourage her back to work. Had we not done this she would have had plenty of ammunition to bring a case of unfair dismissal against us (probably wouldn't have won, but it would have been a headache). For this reason, many employers (particularly in retail and other areas where people work by the hour) will happy leave you on the payroll and just not give you any hours. That way their arse is covered. Less hassle than a complaint to NERA.

Smithey88

Little Ted wrote: »

..... I was once in a situation where a girl went on hols and never returned. We knew full well that she was never coming back, but still had to follow correct procedure. We had to write to her requesting she contact us. Then a second letter requesting her presence at a disciplinary meeting. Then when she was a no show a further report to show we had done all we could do to encourage her back to work. Had we not done this she would have had plenty of ammunition to bring a case of unfair dismissal against us (probably wouldn't have won, but it would have been a headache). For this reason, many employers (particularly in retail and other areas where people work by the hour) will happy leave you on the payroll and just not give you any hours. That way their arse is covered. Less hassle than a complaint to NERA.

Bloody crazy isnt it.
Totally understand why companies have to protect themselves but its just another example of how the world is turning into a "i'll sue you!" culture.

That a person can just throw a job there (no-show) But the same person can potentially try and get a case going against the job :rolleyes:

davidv

CommanderC wrote: »

I know if you quit your job, then you are not able to go on the dole for a number of months. However I have read that, if you quit your job with justifiable cause, then you can go on the dole while you look for a new position.

My girlfriend has been working for the last few months and her boss has continuously put off giving her a contract and wage slips. Recently, she requested a P60 put was basically ignored. We are thinking that he is not paying whatever taxes and charges he is supposed to be.

Shortly after she started in the job, she rang the revenue to get herself registered as employed by this guy. When she rang the Revenue, they had no record of her new employment. Although she is registered, I really don't think he has kept up or even started paying PRSI etc for her.

I have told her to get out of there but she is afraid that if she quits, while she is looking for a new job, she would not have any income.

Is her situation, justifiable cause for leaving ?

Could anyone offer any advice ?

if her position at work is untenable (as per employment law) and she has no choice but to leave, it is called constructive dismissal. handle it carefully and you will get dole and you can bring the employer to rights commissioner. afaik. check it out first. i dont know your exact circumstances.

jacknjill

Hi I am just wondering if you got your situation sorted after? I am in a similar situation in a job where recently I have been verbally threathened with physical violence and accused of taking cheques also they took 12 weeks to fill in one social welfare form as when they gave me the original form back the claimed they didnt open there premises on Sundays and had nobody working on said day and this is not the case so when I confronted them about it they took the form bacjk and witheld for 12 weeks.I have Become stressed and anxious and cant face into work anymore. Want to leave but not sure if I leave by my own choice will I be entitled to any social welfare. Am already on Jobseekers as have only 12 hours work a week. Any advice you could offer would be much appricated!!

CommanderC

Hey-well since I last posted, she stuck it out. But in the last week an unbelievable amount of illegal stuff, that the owner was doing was uncovered, so she has basically said enough is enough and her last shift is on Sunday. She is then sending a complaint to NERA and hopefully they will be able to send in an inspector to stop this guy. She is going to apply for the dole and send a copy of the NERA complaint in along with the application form.

I can update if there is anymore info.

overthenest

folks just say you were looking at setting up a business and had to leave paid employment in order to put in the required time into the new venture, however you werent going to make any money from the new venture for about six months, is it possible to claim welfare during that period?

The main reason i am leaving my current job is due to the over demanding workload leading to high stress levels and the fact that i have to work away from home, my medium to long term solution is setting up my own company but i obviously need something coming in in the meantime...thanks for your help folks...

wmpdd3

If you are in receipt of job seekers long term you can apply for the back to work enterprise payment.

To claim Job seekers, you have to be actively seeking work, not working for yourself.