Search This Site.

Answering Un/Employment Questions

My boss reached a point where they couldn't work with me. Was offered severance and time to consider that or be put on a probation period. It was suggested almost simualtaneously when offered the probation, that I wasn't likely to survive the review period if I optioned that and they inquired why would I want to work under the conditions that brought us to this point. Employer also indicated that they would not contest UI benefits and that since my separation pay is doled out over time, that they would agree that my service date would be reflected to the extent of that payout or at which time I accepted another position if earlier. I decided to accept the severance because I was in agreement with them that a reason would be created to fire me if I attempted to work through the probation.

I'm attempting to troubleshoot in advance of some the questions I anticipate:
1) I believe that when applying for UI benefits I would choose discharge (as opposed to laid off, quit/resigned, or misconduct). Does the fact that I had the ability to continue work under probation qualify as another means of separation other than discharge? I didn't submit a letter of resignation nor did I bring up the topic of me leaving the company.
2) I have seen the questions when filling out online employment applications that ask whether you've been fired, etc. I want to best position myself for future employment and would indicate "resigned" in this case and that I worked at my last employer through the conclusion of my severance pay. Any conflict of interest in outlining in this manner versus what I'm contending under #1.

May not be compelling/legal issues but I'm experiencing more of the mentioned stress, anxiety now then when I was on the job. Trying to be thoughtful about my approach to ensure the best outcome for benefits and employment and don't want to get into a situation where it's suggested I'm misrepresenting info.

Would appreciate any feedback you could provide. Thanks


Not sure what state you are located in .. because I can think of one which what I'm about to tell you doesn't necessarily hold true, but as I see it .. that would only be relevant if the employer protested your benefits.

Quitting in "anticipation of discharge .. regardless of what the employer said to you leaves you wide open to being disqualified.

On the other hand, a Quit in lieu of discharge is adjudicated as a discharge.

Given that the employer has said they will not protest .. that seems the logical choice because in effect the employer told you that if you didn't resign you would more than likely be fired anyway.

Of course the state will want to know why the employer wanted to get rid of you and you didn't tell me, but when someone is fired for just not being "a good fit" .. that is usually not what a state would equate to be "misconduct.

Click here to post comments

Return to Unemployment Benefits Questions.

} }