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> No contract was signed for the 6 month extension. They
> told me I was extended. I was a little surprised that I got
> the offer.
>
> According to state unemployement law, I am legally
> obligated to take the work, or, I will loose unemployment
> compensation for leaving a job on my own accord without another job.
>
> I would be favorable to staying on if a perm offer was
> likly in the near future. Such does not appear to be the
> case. Ethically, I question whether I have to stay on if
> a major reason for accepting the work was to maintain my
> right for unemployment compensation.
>
> Richard Lewis
Richard,
Do you know your "contract" status? Are you a W-2 employee with a recruiter
and the recruiter has the contract with the client? If that is the case,
then you are an employee of the recruiter and the contract term is
essentially irrelevant because the contract doesn't belong to you.
If you are 1099 employee, a corporation, or a state-recognized company, like
an LLC, then you could have a contract with the recruiter, but you would
need to be a legal contractor and not just an employee. This status can
vary by state, but generally follows the IRS's 20 rules and you would likely
be responsible for your own taxes and other deductions. If the person
paying you is making deductions on your behalf, like the deductions for
unemployment insurance, then you are probably an employee.
As an employee that receives unemployment insurance (UI) compensation while
unemployed, you are required to work or look for work. You will likely be
disqualified from UI compensation if you leave a job without just cause,
like the environment was hostile or unsafe. Leaving because the employer
extended your employment will probably not be just cause.
If you do leave employment for another job and the new employer participates
in UI, then when that job ends through no fault of your own, you will likely
be able to collect UI compensation. If you leave for another job that does
not pay into UI, like you work freelance, then you may or not be eligible
for UI compensation when that job ends. So check with your local
unemployment office on that. If you leave for a freelance job and you want
to go back to participating in UI, then you will need to take a job with an
employer that participates in UI.
If your concern is whether you could ethically leave a job because you have
a better offer, then your issue is the same as any other job. People are
not slaves or indentured servants and are free to seek other employment. If
you have a contract with a company and you cannot be considered an employee,
then the terms of your contract dictate whether you can leave without
breach. But even if you do have this type of contract, you would be able to
leave without breach after the term of the contract ends because the
contract has ended.
Regardless of whether you have a valid contract or if you are in a state
that recognizes employment contracts for employees (California does not
because it is an "at-will" state), then any work after the contract term
ends, is just employment, from my understanding. Unless, the employer
communicated to you that your contract was extended and you proceeded to
work during the period of the extension. In that case, you may have a new
contract, but only if you are not considered an at-will employee by local
law. Talk to a lawyer to get clear on that.
If you have a better offer and you do like your current job, then you can
talk to your employer about re-negotiating your current work agreement.
That would be the polite thing to do. If you do not like your current job
and you want to leave, then you should tactfully meet with your employer and
discuss the situation. Thank your employer for extending your contract but
be clear that the job is not working out for you and then give two weeks
notice. You will not receive UI compensation until you work another job
that ends through no fault of your own.
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