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  1. #1
    Join Date
    Apr 2010
    Posts
    8

    Default I Have Been Asked to Resign, What Are My Rights

    My question involves unemployment benefits for the state of: CALIFORNIA
    I have been asked to resign; I didn't ask the reason why, as I, plus the others could see it coming.
    My Boss stated that he will give me good standing and I will get my next paycheck and I have 2 weeks to look for a new job; not mentioning that he ows me my vacation, so he is not doing me a favour.
    He also mentioned that he wishes I do not harm him; as he knew I was unhappy with the unethical/illegal systems he was managing.
    I like to know how I can go about unemployment benefits, in case I do not find a job to pay my bills.
    In general what are my rights?
    thank you.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: I Have Been Asked to Resign, What Are My Rights

    Although the majority of states see a "resign or be fired" situation the same as "you're fired", being asked to resign is a different matter. Once you put "resigned" on the UI claim form, you're just inviting an inquiry. To be on the safe side, let him fire you. He may think that by having you resign he gets out of being charged for your UI benefits, and he may just get lucky and do so.

    If he means he will give you two weeks' pay in lieu of notice, IMHO, that's not enough to take the risk of losing UI benefits altogether.

    Just my $.02.

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: I Have Been Asked to Resign, What Are My Rights

    Quote Quoting PattyPA
    View Post
    Just my $.02.
    I'll throw my $.02 in on that, bringing the total to $.04.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: I Have Been Asked to Resign, What Are My Rights

    Quote Quoting Scott67
    View Post
    I'll throw my $.02 in on that, bringing the total to $.04.
    I think we need a raise.

  5. #5
    Join Date
    Apr 2010
    Posts
    8

    Default Re: I Have Been Asked to Resign, What Are My Rights

    Hello,
    Thank you so much for taking the time to reply.
    This all happened to me in a bad time (or maybe not). I was/am planning to marry and move to Florida in 6 months at the most.
    My understanding from your replies is to go after my UI benefits, and I too believe that I should.
    I just do not know how much I will get this way and how long it will take; that is if I am able to prove that I actually got fired and did not resign. ( I did not sign any resignation papers.)
    What are my chances? Any other thought/help is highly appreciated.
    If you need more information, please let me know and I try to provide it since I am not very familiar with laws here.
    I am still very new in the country and trying to learn and survive.
    I am a very hard worker and my Boss knows that, since once he even told me "everyone is replaceable but you are replacebale by 2 or 3".
    He once asked me ( a year ago ) if I would go on unemployment and he will pay me the balance and I can have my job.
    I told him No, I do not want to do anything illegal and I will work for as long as I can. Some other people accepted it and are doing it.
    So, I was poured with much more responsibilites and had to work even harder, which I didn't mind due to economical situation.
    Now one week has gone by and eventhough I have sent my resume to a lot of companies but I have not received any replies yet and I'm getting worried that I haven't found a job yet.
    Once again Thank you for your advice & time.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: I Have Been Asked to Resign, What Are My Rights

    One week? Get into the real world. Hundreds of thousands of workers have been totally unemployed for over a year or more.

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