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  1. #1
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    Default "Quit or Be Fired" and Unemployment Insurance

    Quote Quoting PayrolGuy
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    No, "quit or be fired" is a way to not be disqualified if you quit for that reason.
    https://www.edd.ca.gov/UIBDG/Volunta...ieuofDischarge

    "An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed."

    This makes me believe otherwise, and by saying "fired" upfront, a claimant makes things easier to get the UI people focusing on the correct issue. Don't forget that I "quit," and the UI people kept applying the "reasonable worker standard" to me. After I stopped saying I "quit," eventually someone figured out that my good job was taken away from me and the job I "quit" was actually a refusal of the new, crap job I was being offered as a substitute. That took 11 months. I probably could have trimmed it down to 2-1/2 months if I had told my story "correctly" when I applied.

  2. #2
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    Default Re: Resigned in Wa - Unemployment in Co

    Except that nowhere in anything the OP has posted indicates that his employer told him to quit or be fired. The OP assumed that he was going to be fired if he did not quit; he was not told that, and saying that he was fired in that situation is a LIE.

  3. #3
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    Default Re: Resigned in Wa - Unemployment in Co

    Well since California has nothing to do with this, what would your point be?

  4. #4
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting cbg
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    Except that nowhere in anything the OP has posted indicates that his employer told him to quit or be fired. The OP assumed that he was going to be fired if he did not quit; he was not told that, and saying that he was fired in that situation is a LIE.
    Except that I didn't have the benefit of the full story when I first posted my answer, but you kept saying that I told him to lie.

    What I had to work with from the first post was "I quit," "not a good fit," and "would be fired anyway." That might very well have been "quit or be fired."

    Quote Quoting free9man
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    Well since California has nothing to do with this, what would your point be?
    What, do you think that "quit or be fired" takes on 50 definitions from state to state? I doubt it. Sometimes you can't find this for the state in question so you look around and take a guess so that you get close enough. CA happens to have one of the most complete write ups to learn the concept.

  5. #5
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    Default Re: Resigned in Wa - Unemployment in Co

    You had as much of the story as I did, and I could see that he hadn't been told that. So yes, I said that you told him to lie, and I stand by it. You can deny it if you want to, or claim you didn't have all the facts. I'm not going to argue the point any further, though. I assume that the OP is able to read. If you want to claim you didn't tell him to say he was fired, when no one told him he was going to be fired, you go right ahead.

  6. #6
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting cbg
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    I'm not going to argue the point any further,
    Yet, that is exactly what you keep doing.

    Quote Quoting cbg
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    when no one told him he was going to be fired
    I don't know this and why I said, "truly believe. . . ." Lots of posters don't provide all the details because they don't know what makes a difference.

    You're not throwing the word "lie" around to help the OP. You just do it because you want to try to look superior, and make me look bad.

  7. #7
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    Default Re: Resigned in Wa - Unemployment in Co

    I don't need to make you look bad, dearie, you do quite well all on your own. Now, I'm out of here. You tell the OP anything you want to.

  8. #8
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    Oct 2016
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    3,285

    Default Re: Resigned in Wa - Unemployment in Co

    The truth is that I was pushed out, and if I hadn't resigned I would have been fired.
    That's what the OP wrote. "...would have been..." denotes the future that I can only assume is his assumption of what might happen in the future. Unless the OP is told "quit or be fired" then he resigned and if the employer turns in the resignation letter and spends only the minimum amount of time on the claim he will be disqualified.

  9. #9
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting PayrolGuy
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    denotes the future that I can only assume is his assumption of what might happen in the future.
    Right, it could have meant 30 seconds later, 10 minutes later, at the end of the day, or months from now. I don't know what he meant. If he needed help with "truly believe . . " then he'd have come back and filled in the gaps which he eventually did.

    Quote Quoting cbg
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    you do quite well all on your own.
    Then you can keep your nasty comments to yourself because by your own admission they aren't necessary.

  10. #10
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    Default Re: Resigned in Wa - Unemployment in Co

    Just know this.

    I'm not going to say anything more about it in this thread. But this is not the first time you have told the poster to do something that, to be as nice as possible about it, stretches ethics (if not legality) to the breaking point. And I am going to point it out every time I see you do it. When I see you advocating a course of action that, in my opinion, bears a risk of denial at best and prosecution at worst, I'm not going to keep quiet about it. The mods can delete it if they want (they can delete this if they want) but that's on them; it's not going to be on me. The poster can read both sides and make up his or her own mind, but if they lose out on benefits because you've told them to do something that can backfire on them, it's not going to be because I kept quiet. And don't bother telling me again how many times the poster wouldn't have gotten benefits if it wasn't for you - you already know how believable I find those claims.

    There can be honest disagreements about two legal courses of action - we can disagree on the best way to handle something without one of them being dishonest. I'm not talking about those. Only the ones that in my view are dishonest. Like this one. If YOU didn't know whether he'd actually been told he'd be fired if he didn't quit, you should have kept your mouth shut.

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