Being Asked to Resign or Being Fired - Can I Collect Unemployment

[bodhirocks]

My question involves unemployment benefits for the state of: Ca

I was given the option of resigning or being fired. IM not sure to this day why exactly I was being fired but I choose to resign for future employment purposes. I had 2 workmens com case with this company in the last 2 years that resulted in me suing my employer and winning. I feel like they had there mind set on let me go eventually and were going to try to fire me for any reason but they choose to give me the option of resigning with sevrence.

My question is I didnt just quit my job I was not given the option. I applied to Unemployment benefits I sated" given the choice of resining or being fired I choose to resign for purpose of future employment" Now i have a letter from them stating i have a phone interview where they are going to ask me why I quit but i did quit.. Im not sure what I should say

[Scott67]

The rules say you can collect unemployment if EDD determines that there was good cause for you to resign and you made all reasonable attempts to keep your job. Since your option was to resign or be fired (as opposed to being layed off) the reason for them considering firing would play into the decision. Wrong-doing on your part could certainly jeapordize your claim.

I know of situations here in California in which the employer was dishonest when contacted by EDD. In one the employer claimed that the employee had been fired for causing the loss of a major contract. It took some effort to establish that he was lying and the claim was approved.

Going solely on what you have posted, I don't see any option other than reporting that you resigned in lieu of being fired. The company providing severence certain gives credibility to that. Provide the best explanation that you can on why you were being fired. They will interview your employer to get the company's side.

Here is a link to the applicable page on the EDD site. Read in particular the paragraphs titled "I was fired from my job. Will I be eligible?" and "I just quit my job. Will I be eligible."

http://www.edd.ca.gov/Unemployment/F...tyrequirements

[bodhirocks]

Thanks for the advice. The problem is I dont know and my company is not telling me why I was being fired. I was told that I was in violation of all policy at my company ( thats a broad statement) when i ask what those violation were they refused to tell me. They where quick to offer me a resignation with a sevrance package. I do know that my position was not filled. Instead my work load was divided amongst my other colleges. My HR person had told to state that I had left for personal reasons. I didnt want to do that cause that would have been a lie. I was told by my HR that If i choose termination they would contest it but if I went with resignation they would not.

I feel like this was wrongfully terminated but my husband still works there and I dont want to go down the road of a seeking a wrongful termination.

[Scott67]

This is one that EDD will deal with on a "case-by-case" basis. Based on your latest post, it would appear that your former employer is already providing a different story to EDD (lying) than they provided to you, and they are not telling you much.

It is confusing, but to try to help keep things straight in your mind, EDD is not concerned with whether you were "rightly terminated" or "wrongly terminated". That is a different legal issue that you would need legal assistance to pursue (if you decide you want to do that, most employment attorney's will give you a free hour consultation to see if you have a case they want to take on contingency; most people won't say it openly, but being a female helps; if you are a minority, that helps more).

But back to EDD, they are soley interested in whether you qualify for unemployment, not if your employer has done anything wrong. For their decision to be in your favor, it all comes down to: are you unemployed through no fault of your own. If you tell EDD that you left the job for "personal reasons", it's a no-brainer for them. You are disqualified.

Good luck!

[bodhirocks]

Thanks , Im just going to be honest. I dont think if I quit they would have given me a severance and if they wanted to fire me for me doing something then why give me a severance. Plus they did state that it would look better on my future resume if i have a resign then a termination per my hr group. They also stated and I know that my position was not filled.

What is annoying is that they are not really telling me why I was even terminated in the first place so it makes it more difficult to explain.

[Scott67]

One additional comment. In today's economy, I don't feel that being laid off has the stigma that it did in better times. I now recommend to most people, if given the option of resigning or being terminated at the company's initiation, decline to resign. Let them initiate the termination and hopefully provide something in the form of a reason for termination. In my opinion, it reduces the company's likelihood of misrepresenting the reason for termination later (as for unemployment). But, it is amazing to see the different stories that some of them come up with. -- It is getting ugly out there!

[cbg]

One additional comment. In today's economy, I don't feel that being laid off has the stigma that it did in better times. I now recommend to most people, if given the option of resigning or being terminated at the company's initiation, decline to resign. Let them initiate the termination and hopefully provide something in the form of a reason for termination.

Agree completely.

[bodhirocks]

Well
I choose to resign rather then to be terminated. They made me sign away my first born( joke) so that I would not sue them for wrongful termination or work for them ever again or talk bad about them. I still was not told why I was terminated. They said they would change my status as resign not terminated.

Before, I sign the Separation I told them that I have an interview with UI and I don't know what I'm going to tell them as far as why I was being terminated in the first place cause its still unclear. They told me to sign then they would explain it to me. So I sign, they looked very happy that I did. They said I could not tell you this before you sign but this is what you say as far as Ui goes "tell them that you were told you did something wrong but you dont know what it is" ( you mean the truth) and that i choose to resign to not ruin my 12 year work history with them (it bein my only job) and that I had not choice but to resign or I would have been terminated. They stated if they call they would not contest it. (funny how that works)

My interview with ui is in at the end of July we will see what happens. Although i feel they had no grounds to terminate me it's not worth going through the craziness of suing them. ( i have twice already) & won woohoo so i think that was their really reason for terminating me ( they would never admit that though)

Thanks for the help .. Its crazy times right now I never thought I would be here but am going to take it as an opportunity.

One more thing they gave me a lump sum (that gets tax) of money around 5 weeks to shut me up and sign the separation agreement and general release form. Can Ui deduct that away from my Ui benefits?

[cloudnine]

You should NEVER have signed something saying you were resigning. Now the company is free to tell UI that you resigned from your job and you probably won't get unemployment.

IF for some strange reason UI sides with you (even though the company has a signed piece of paper saying you voluntarily left), then you would not be compensated for the 5 weeks payment the company gave you. Usually if someone is laid off or terminated with severance, they have to wait a certain period of time to collect benefits based on the amount of money they received from their ex-employer.

I really wish you would have listened to the responders here and let your company terminate you. Now you have little to no chance of receiving benefits. Good luck to you.

[Scott67]

I really wish you would have listened to the responders here and let your company terminate you. Now you have little to no chance of receiving benefits. Good luck to you.

I think you are unfairly being a bit tough on the OP. As I read it, she didn't ignore our advice -- she had already resigned before she posted here.

Also, your second statement really isn't true. She has to present her case well in her telephone interview. In the worker-oriented, anti-business, liberal State of California (this comment will probably get a few liberals on my back) the unemployment people are really looking for reasons to grant unemployment, not deny it. While they are trying to prevent people who don't deserve unemployment from getting it, but they are reasonable in applying the concept of "unemployed through no fault of your own."

It is true that it is far easier to get your claim processed favorably if you have been terminated by the company than if you have resigned. But, it is not true that you have "little or no chance"; I'd say you have at least a 50-50 shot at it. -- This is for California; I don't know about other states.