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Provoked Discharge aka Voluntary Quit

Did you know that an Employer can terminate you then the State can deem this a voluntary quit? True story, I am not lying.
 
The doctrine we are speaking of here is titled “provoked discharge.” This doctrine is expanded on in De Grego v. Levine, which provided: “Provoked discharge, a gloss over the statutory disqualification for voluntary separation without good cause (Labor Law, § 593subd 1) is a narrowly drawn legal fiction designed to apply where an employee voluntarily engages in conduct which transgresses a legitimate known obligation and leaves the employer no choice but to discharge him. In such a case the agency is entitled to put substance over form and to conclude that the employee voluntarily left his job without good cause.”See De Grego.
 
A point I make in many of my other blogs is that you should be very mindful and cautious of your behavior on the job. The Employer can discharge employees for various reason that seem unfair, so minimalizing their reason for the discharge is highly recommended.

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