this post was submitted on 24 Feb 2025
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Do you have to pay unemployment if they're fired with cause? Because I've definitely seen (and experienced) constructive dismissal over some very petty things.
No. But aside from failure to show up on time or theft it can be hard to document cause.
Constructive dismissal is an employer trying to get an employee to quit specifically to avoid having to show cause. If the employee quits, then the burden of proof is on them, not the employer.
Apologies, I guess my terminology is incorrect.
What I meant is that I've seen people written up for vaping ~2 feet too close to the back door or showing up <5 minutes late or any number of other frivolous things in hopes of avoiding unemployment payments.
Of they can show that they're not being treated the same as other employees who are making the same minor mistakes that may be able to claim unemployment.