# Resigned to take up new position but job has fallen through..options



## Laughahalla (29 Sep 2012)

Hi, I recently resigned from my job due to a 3hour+ commute each day in order to take up another job closer to home. I was due to start next week but received a letter yesterday saying that with regret due to unforeseen circumstances the job is no longer available.

I am now in limbo land and would like to ask your advice on whether I would be entitled to job seekers benefit while looking for a new job or would I be in eligible due to resigning from my job to take up a new job. Would that be seen as voluntarily giving up a job?  

My old position is no longer available.


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## Brendan Burgess (29 Sep 2012)

First of all, did you sign a contract for the new job? If you did, I think that they must at least give you the level of notice in the contract. If there was no contract, then the notice would be very small, maybe one week, so it's not worth kicking up a fuss about. But if you had three months' notice in the contract, I think you are entitled to three months' notice or pay in lieu. 



Brendan


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## Laughahalla (29 Sep 2012)

Hi Brendan, Contract was to be signed on start date so I have nothing signed.

My main concern now is my eligibility for job seekers benefit as I resigned from my job to take up a new job which has fallen through. I've read that if you voluntarily resign from a job you are not entitled to job seekers benefit.


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## Kkma (29 Sep 2012)

I'd imagine your case would be looked upon more favourably as you have documentary evidence to support your case showing you had a job offer closer to home and therefore did not resign from your old job without reason.


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## muffin1973 (29 Sep 2012)

I resigned last year and had to wait 9 weeks to get the dole.  But I'd say you should contact your local social welfare office with any documentation you had offering you the new job and see what they say...

M


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## wbbs (29 Sep 2012)

That 9 week wait is fairly discretionary, I would think in your circumstances as you can prove you did not deliberately make yourself jobless as you were going to another one, I would think it unlikely they will enforce it.


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## monagt (29 Sep 2012)

You do not need a signed contract, per se.

Every communication (conversation person to person, telephone conversation, email, letter, note) forms part of the employment contract.

You need to see a solicitor familiar with employment law as soon as possible.


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