Can I collect Unemployment if I resign instead of being terminated, and there is no other option except resign or be fired?

by Darlene
(MA)

I have worked at a hospital for 12 years without any issues,or complaints. In the last year I have been called into the nurse manager's office,3 times for 2 doctor's complaints and supposedly poor clinical performance. Last week she called and informed me there was another incident and she wanted to meet me in the HR office. I was represented by the Union Rep on one of the Doctor's complaint's and basically all they did was take notes and told me to document better etc to hold onto mt job, they didn't offer greivence. I brought the rep with me to the meeting and the nurse manager said she wanted to fire me, so the rep asked the Nurse manager and hr to step out of the room. The rep then asked me if I wanted to resign instead of getting fired so the termination didn't go on file and it was better to get another job this way. The rep told me to ask HR if I could have 24 hours to decide if I could resign instead, Either way I was going to get fired or resign, The Rep did not think a greivance would go in my favor. Can I collect unemployment? I do not want to quit I want to stay there, but that is not an option, Darlene



Hi Darlene,

Please note that I have moved this to questions about getting fired .. because the unemployment department doesn't really care if you quit or you were fired. They determine who the action or who the "moving party" to end the employment relationship. A "quit in lieu of discharge" is just another way of saying you were fired, but in a way that allows you to keep "resigned" on your resume.

If your resignation letter addresses the fact that you were going to be fired if you didn't resign and that the union rep advised you not to pursue a grievance .. then it will probably be seen as discharge .. as far as the unemployment dept. is concerned and will be adjudicated as such .. therefore to get benefits they will have to decide whether the employers move to end your employment was for misconduct as per MA unemployment statutes.

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