I was forced to turn in a resignation letter or be fired. Can I still collect unemployment

Subscribe To This Site

Eligibility

Employment Tips

Get A Job

Be Frugal

More Site Info

I was forced to turn in a resignation letter or be fired. Can I still collect unemployment

by Anonymous

I had been working for an organization for 6 months when I was taken into an office and told I could work two more weeks but I would be fired or I could resign and take a two weeks severance pay.

I would have probably stayed at my job but the environment had become hostile.

Additionally, the reasons my employer gave for wanting me to resign were unjust and did not have to do with my performance on the job. I turned in a resignation letter but forgot to date it because it was written quickly. Additionally, my severance pay was given to me as normal pay, as if I was still working there. However, that employer is required by the federal government to have all employees fill out time sheets. I was suppose to receive my time sheet for the last two weeks but did not receive it. Therefore I was unable to fill it out or to sign it.

I have been searching for jobs and have applied to over 50 jobs since being forced to resign. I am also registered with every temp agency in the area and have yet to find employment. I am considering applying for unemployment benefits now, to keep my head above water in case the job search continues to go poorly. Do you think I can?

Hi,

You did not just quit. You quit in lieu of discharge.

I cannot tell you how many times I've seen someone apply for unemployment in your circumstances...tell the state they quit....are then denied because they said they quit (way harder to get unemployment when you quit) and then write an unemployment appeal having to explain they didn't quit, but were forced to give a resignation letter.

THIS IS A DISCHARGE as far as the state is concerned. The burden of proof is the employers, but only if you tell them up front. If you tell them you quit the burden is yours.

Now, with that said, it's important to understand the state will now look to see if you were fired for good cause, and you didn't tell us what happened that caused the employer to force your resignation.

If the employer is able to prove "whatever happened" was willful misconduct you will be denied. You would then need to contemplate whether to appeal or not.

So my question to you is: Can they prove misconduct? I did take note of your statement "Additionally, the reasons my employer gave for wanting me to resign were unjust and did not have to do with my performance on the job."

If not the job, what? I'm okay at reading between the lines, but I prefer not to assume when I can ask.

Chris

Comments for
I was forced to turn in a resignation letter or be fired. Can I still collect unemployment

Click here to add your own comments

Nov 14, 2008

What constitutes misconduct?
by: Anonymous

I wasn't given many reason's for discharge, my employer said that it wasn't anything big but rather little things. All of which had occurred within the last two weeks. For example, I had been taken off phones, I thought, to focus on another aspect of the project. The organization had hired temps to answer phones and I had not been regularly logged into the phone and email system. It was not busy and as far as I understood I did not have to be logged in during this time since I was suppose to be working on something else. My boss said that this showed I "wasn't a team player". However, I would have gladly logged in if my supervisor or someone had asked me to. Mostly, I feel the reasons they gave were reasons, for the sake of giving reasons.

I do have a "conspiracy" theory which my employer confirmed, at least in part, that it had to do with my discharge.

Another position in the company which better matched my skills and interest opened up. I applied to this position and my coworkers convinced me it be a good idea to try and push for the job, since I worked there and I could. Push, here just means, trying to meet with the head of the department and talk to him/her more about the position and myself. I then eventually realized that they wanted to hire someone with more education and experience. I never found out about the position because I was let go before then, but I feel like I was mostly let go because they didn't want to hire me in a new position and I probably made it seem like I would be very upset or disgruntled if they didn't. I don't know if this is grounds for misconduct or being fired and now I really wish I never had applied.

I am more or less fresh out of school and new to the job world, so I am looking at all of this as a learning experience.

I appreciate your help.

Nov 14, 2008

Quitting in lieu of discharge is a discharge.
by: Chris

No prior warnings? Just a bunch of little things that all totaled, made them decide to ask for your resignation instead of firing you?

If an employer told me that...I'd tell them, "better hope she doesn't appeal", or "why on earth did you appeal"?

States are looking for a proximate cause for the separation. They want to know the employee was warned per the procedures the employer laid out at the time of hire (handbook). They want to know the employee was progressively warned and when it came down to the final warning, they want to know the employee was made aware that if it happened again, his/her job would be in jeopardy.

Dec 16, 2009

is a forced resignation letter a good idea?
by: Anonymous

My employer has given me the choice of termination or resignation. I feel I don't have the need to resign. I was given 2 informal verbal warnings for being late, never a written warning. They hired a new employee who sent an email where he slandered me, to my supervisor with personal irrelevant to my job information, which started the whole thing. I was never asked to sit with my co-worker to confront the issue, instead they said I was late and I was to not longer work for the corporation. I decided to finish my term at work until I found out about the email, and them decided to not return to work because of the hostile environment. My supervisor then said to me if I didn't return to work she wasn't going to be very happy that she'd have to find a sub and threaten me to give me a bad work review. The situation has progressed into choosing between being terminated or resign, she also mentioned that they'd fight until the 'limit' so that I wouldn't get unemployment benefits.
PLEASE, HELP! what can I do???

Hi Anonymous,

Your question only leaves me with more questions to ask you to even begin to assess what's "really going on.

I would be happy to discuss it with you, but if that doesn't interest you, I suggest you get your ass back to work otherwise. the employer won't have to fight very hard to prove you quit without good cause by job abandonment. It's never a good idea to try to lord it over an employer.

Personally I think the employer is making a mistake to even continue the conversation with you, but if they are .. go back to work and start documenting the hostile work environment

Or quit now and see how far you get with trying to collect unemployment with what you've got now for voluntarily quitting due to a hostile work environment.

Feb 15, 2010

Forced to Resign
by: Anonymous

I have told I have to resign by my employer. The circumstances leading up to this are as follows...several co-workers had talked to me about problems occurring in the office, I talked to my spouse about what was going on and was encouraged to go to the President of the company. I emailed the President, not mentioning other employee's names, this email was forwarded to my supervisor who then demanded I give up the names of the employees complaining. I did not. The President then contacted me, accusing me of many things, including bad job performance & being an employee never wanted in the company. The next day, I was told I was my loyalty is in question & I can no longer work there but need to resign. None of this was brought to my attention prior and my job performance & work submitted have always been excellent (per my supervisor).

Hi Anonymous,

All I've got to say is if you submit a resignation letter .. make sure that letter is very clear about the reasons you are giving it and mention the details of email which motivated the entire thing. If there was workplace harassment involved as a complaint in that email .. contact a lawyer now because this forced resignation may have potential to be seen as "retaliatory".

Although you didn't tell me what state you are in .. I would also feel better for you if you had told me the employer said if you don't quit you will be terminated. Some states may say you quit in anticipation of discharge .. if the employer were to respond that you quit for personal reasons .. so try to cover yourself with a very detailed resignation letter.

I also think the email to the President of the company would be significant as to the contents.

And I hope you have printed all the emails to support yourself.

Feb 17, 2010

original anonymous 2/15
by: Anonymous

I was not told I would be terminated, however, what was said was "do you really think you'll be able to continue working here after all this?" I responded by saying "Yes, because I think conflict should be resolved, it should be talked out." I am concerned as to how this will look to future employers...as I do not feel I did anything against company policy, was insubordinate or anything. I tried contacting my supervisor once to try to resolve this but have not heard back. However, a co-worker called me yesterday to ask a question with regards to a project I was working on prior to this, she is now finishing it...
TX

Hi,

You're just not giving me anything to work with here anonymous .. so I suggest you check out these Texas resouces.

Texas Unemployment precedent manual

TWCCRD

Feb 17, 2010

Continuation of previous 2 posts
by: Anonymous

i'm sorry, the last two anonymous posts were from me. the one today was a continuation & response to the post on 2/15.

thanks.

Ya, I know .. it's hard to keep all the posts by "anonymous" straight, but I wasn't confused about the fact that it was you following up.

I just can't tell you whether you have a shot at collecting unemployment because all you're giving me is vague details and I would have to make assumption .. or ask you questions to clarify things.

.. I don't even know for sure if you have resigned although your last post made me think you might have because a "co-worker" called you.

The concern is whether the state will think you quit in "anticipation of discharge" .. or if the interaction between you and the employer implied you were forced to resign i.e., quit in "lieu of discharge".

Read the TX precedent manual and apply what you learn to the details only you have.

Feb 26, 2010

pending info
by: Anonymous

My company threatens to with hold your final check until you sign their preprinted resignation letter. I think this is illeagle in the state of VA.
I will refuse to sign this and will send my lawyer can pick up my check

Oct 07, 2010

Terminated or Did I Quit
by: Cassandra

For unemployment determination my employer stated that they offered me another position (that did not happened). My paper work stated that I was terminated. I was denied unemployment after working 20 years with this company. I see people that work for 2 years and collect unemployment for 2 years. I went from 55,000.00 a year to 0 and no assistance. Something is wrong with this system.

Hi,

Did you appeal the determination? Length of employment doesn't have a whole lot to do with a non-monetary or "merit" determination or entitlement to benefits, but the determination can be appealed and benefits can be won at a hearing.

Did you do that .. since the employer supposedly gave the state information that you "refused continuing work"? At a hearing they would have to prove the offer of work and it would have to work considered "suitable" to you.

Feb 09, 2011

Forced to give notice
by: JBP

I was forced to give my 30 day notice yesterday for lack of agreement. I went back to my desk to work and within 5 mins was asked to pack my things I was going to be escorted out. The employer agreed to pay me the 30 days of pay with my letter of resignation. I want to be able to collect unemployment if I am unable to find a job in 30 days. How do I word the letter so I am able to accomplish this? I am in Florida.
Thanks!

Well, this one isn't too hard to figure out ..

You gave a thirty day notice, but the employer decided to pay you to the end of your notice yet escorted you out immediately.

Therefore .. whether you can collect or during that time you aren't working will be beside the point .. because you were paid wages.

So if you hope to collect any benefits at all it would be after the 30 days and entirely dependent on why you quit your job and whether it was with or without good cause attributable to the employer.

In most states .. you would only be eligible for benefits for the time you weren't allowed to work if the employer didn't pay you to the end of your notice and any benefits after that .. would be dependent on whether you quit with or without good cause.

Chris

Mar 04, 2011

Being forced to quit.
by: Chelle

I am working while going to law school and the field I am working in now is related to my future career. I started the job Mid-November. The problem is that my supervisor has told me that I am not improving in my work performance at an acceptable pace. We have had conversations and I have improved but she told me on Friday at 230p that it was my last day and took my keys. She told me I had until Monday to resign or she would terminate me. I am concerned that if I resign I will be unable to collect unemployment but if I am terminated it will reflect poorly on me in the future. Please help me with this. I am considering a resignation letter that states I am resigning per my supervisors request, so that the letter reflects it is her decision not mine to quit.

This is a quit in lieu of discharge. This situation is adjudicated as a discharge.

Although you've mentioned some other elements .. including the fact that you are a student .. that trouble me .. I'll let those go.

If it was my resignation letter it would stand as my statement about why the employer is discharging me, but graciously allowing me to quit in lieu of being fired for .. not misconduct, but because of your "inability" to perform.

You may bristle, but inability is an operative buzz word for unemployment.

Apr 19, 2011

Forced to resign
by: Anonymous

Hello yesterday at 4:50 pm my boss asked me to resign by May 1st. He said he did not want to fire me but that it is time for us to part ways. I have worked for him for 10 yrs 10 mos. and his reason is b/c I am not performing 100% of my day to day tasks. Although he said he would write me a recommendation letter. I honestly believe it a personality conflict between the office manager and myself

My question is, if I accept the resignation will I be disqualified from receiving unemployment benefits. Also, I was thinking of writng in my resignation letter, as per your request, I am resiging. Do I need him to sign the resignation letter or is that okay. I'm in Texas.

thank you.

Being asked to submit a resignation letter .. because the employer does not want to fire you .. is a strategy.

If it were me .. I would try to get the promised letter of recommendation before I turned over my resignation letter which would "detail" the circumstances under which you are tendering it.

What this does is make your resignation letter useless as a document to prove you voluntarily quit, but were forced to quit because the employer gave you no choice. In other words .. you either quit .. or you will be fired.

This is normally adjudicated as far as unemployment goes .. as a discharge .. and therefore .. they would then have to decide whether your "performance issue" amounted to misconduct .. as that is the employer's burden to prove.

So, regardless .. whether you quit or let him fire you that would be the issue.

Did your job performance rise to a level that is considered work related misconduct?

May 07, 2011

Just shyof 6 months
by: Anonymous

I am being forced to quit. The employer requested that I write a letter of resignation in which I did. I have particated in no misconduct nor was I forwarned that there was a serious problem with my performance or ability. This company is privately traded and I was 6 months shy of being 100% vested in private ownership of the stock options given to me at the beginning of my employment 3.5 years ago. Fortunately, I have documentation written prior to my forced written resignation proving that I was coersed into writing a voluntary resignation letter. Can you give me any advice on how my stock options benefit could be adversly affected with a voluntary resignation prior to being 100% vested? All and any advice is welcome.

Sorry,

I'm clueless about stock options .. but it might stand out as being a strong motivator for the employer extracting a quit in lieu of discharge (which is adjudicated as a discharge by the unemployment department .. or at least it is supposed to be.

Maybe someone else will add a comment to let us know if the employer's choice of preventing you from becoming vested equates to a wrongful termination, which would be a different civil venue to pursue.

Or maybe you could just ask a lawyer if that is possible.

Jun 01, 2011

Extension of benefits denied
by: Anonymous

I was forced to resign or be fired. With that employers (Employer A) promise, in writing, not to contest unemployment benefits I chose resignation. 2 months afterward I found a job (Employer B) that works 7 days on (80+ hours per week) and then 7 days off. The state did allow unemployment every other week since I continue to look for a full time job on my off weeks.

Things were fine until my initial benefits were exhausted and I filed for the automatic 26 week extension.

For whatever reason, both Employers A & B were notified of my request for an extension and Employer B challenged the extension even though the claim is on Employer A and is not even charged to Employer B's account.

Employer A has not and will not challenge the extension, as promised.

Employer B challenged because they say that I'm a full time employee because I work 80+ hours every other week. HR person told me I was being greedy and would not agree to allow extension in any manner.

My question is:
1)Why would Employer B even care since the unemployment benefits aren't being drawn from or charged to his company's account?
2)Why is Employer B allowed to even have a say since the unemployment benefits aren't being drawn from or charged to his company's account?

Should I appeal?

By the way - my current 80+ hr job and unemployment together does not equal half the pay of my previous job. No health insurance or benefits of any kind either.

Hi,

I'll start with .. the question of whether you should appeal.

Damn right you should, but then again .. You told me the employer is challenging .. If you have a determination saying you are denied .. I'd like to know what it says exactly to identify the issue you would be appealing on.

Ignore the HR person. Unemployment is based on earnings in a single week you file a claim for .. they do not consider 80 hours in one week to transcend to the week you do not work .. just because you worked two full time jobs in one week.

You are employed full time only every other week and the other week you work less than 32 hours and don't earn squat. You are partially unemployed.

They are fighting now .. because when the extension benefits run out .. you will have sufficient wages in a new base period for a new claim .. and they will be charged then for your "partial unemployment benefits".

I sure hope you are being paid 'overtime' .. or would that be too greedy to expect as well.

Trust an HR person to accuse someone of being greedy in an effort to lead them astray with false information about how unemployment benefits work.

Jun 02, 2011

additional info requested
by: Anonymous

Thanks for the answer ? It now makes sense why current Employer B is fighting extension even though I have no intentions of filing on them.

To answer your question - Yes they pay time and a half for over 8 hours per day. (but at $7.00 per hour straight time, I can't stretch it far enough! God help me if I get sick. No insurance and I was told by HR when I hired in "if you miss a day of work, it's automatic termination no matter what".)

Below is what I received, in part, from employment office.
--------------------------------------------------
ADDRESSED TO: Claimant name & address
RE TO: Employer B name & address

ISSUE INVOLVED: Employment Status

CIRCUMSTANCES OF CASE: Claimant is employed.

CONCLUSION OF CASE: In accordance with *IC-22-4-3-2, the claimant is not unemployed. The claimant is not entitled to benefits. Benefits are suspended as shown below.

LEGAL RESULT OF CASE:

CLAIMANT, YOUR BENEFITS ARE SUSPENDED EFFECTIVE WEEK ENDING 05/27/2011

?..this determination will become final if not appealed by 06/06/2011.
--------------------------------------------------
(*Asterisk inserted by me for state Code cited)

*IC 22-4-3
Chapter 3. Unemployment Defined

IC 22-4-3-1
"Totally unemployed" defined
Sec. 1. An individual shall be deemed "totally unemployed" in any week with respect to which no remuneration was payable to him for personal services. (Formerly: Acts 1947, c.208, s.301; Acts 1953, c.177, s.9.)

IC 22-4-3-2
"Partially unemployed" defined
Sec. 2. An individual is "partially unemployed" when, because of lack of available work, he is working less than his normal customary full-time hours for his regular employer and his remuneration is less than his weekly benefit amount in any calendar week, but no individual shall be deemed totally, part-totally, or partially unemployed in any week which he is regularly and customarily employed full-time on a straight commission

Just one more thing .. 7.00 ph isn't even the federal minimum wage.

Jun 05, 2011

Forced Resignation while a workman comp case is pending.
by: Anonymous

I made a comment in front of another employee out of stress and frustration. I have a workmans comp case pending and have been having trouble due to the injury. The management and other employees were giving me a hard time. The employee then hotlined me and I was talked to by loss prevention. He wouldn't let me leave the room until I had admitted what was said. He told me I was suspended pending investigation. Four days later he called and said employee relations agreed to pay my remaining vacation days, pay me for the hours I missed during that week, and would not fight my unemployment. The loss prevention keeps saying he is not trying to deceive me and he made the comment out of the blue. He's the one calling me a liar. I never called him one. The say if I don't send my resignation then he doesn't know what to tell me since I broke the hostile workplace and harassment policy. I am not sure what to do. If I broke the policy why not fire me instead of giving me this supposedly sweet deal? What should I do?

It would be better if you told me what the "comment" was.

As far as the resignation .. I've addressed before what the purpose of a resignation letter is .. when it is demanded by the employer.

If I were you .. I'd contact an employment attorney .. because it all sounds a little fishy ..

If they had a case of misconduct .. they would fire you .. but that worker comp claim .. is probably making them leery of a retaliation claim.

That is why you should at least talk to a lawyer .. you might have some "negotiating room" as far as the terms of resignation .. and possibly an actual severance.

I think I'd go with one that specializes in worker compensation

Sep 21, 2011

Is it a resignation or termination?
by: AJ in Florida

I have recently been given an employee counseling report to complete at my place of employment. It is an interactive report which asks the employee to provide, from their perspective, information regarding what occurred, how it could have been avoided and what measures in the future will be taken to avoid this situation occurring again. After completing the report (signing and dating) and giving it to my supervisor, I was informed that I did not take "ownership" of the incident and it will not be accepted until I change my statement to reflect that. After explaining that I was uncomfortable with changing my statement, as it is from my perspective, I was informed that I can not return to work until that is changed and if it isn't changed by my next scheduled shift they will consider that my resignation. I have repeatedly informed them that I have no intention of resigning or changing my statement. I even offered them to include an addendum that states they view my statements as incorrect and I will sign that I have seen it and allow it to be a part of the report. They declined the offer. My question is am I eligible for UCB seeing as I have no desire to resign or quit but they are reporting it as a voluntary separation?

It should be clear, that you did not provide the information which would help anyone determine whether you will be eligible for UCB's, but you have basically defined what I would call a discharge .. for not being willing to change your perspective.

What is not clear is whether your refusal to alter your interactive reply to the employer per their procedures is sufficient to be called insubordinate .. but since they will not allow you to return to work until at which time you alter your response to satisfy them .. I'd call it a lack of work for refusing to sign a forced confession of wrongdoing until at which time one party or the other moves to end the employment .. formally.

So I leave it to you .. will you be found guilty of misconduct or will you stand up for yourself and fight for unemployment benefits based upon the facts in light of the unemployment laws?

What does the employee handbook for this "interactive discipline measure" say are your rights in the situation?

Nov 17, 2011

was I fired or what?
by: Allen

hi, I wanted to ask if I'm eligible for unemployment, because I'm not sure what happened on my former job, here's what happened.

I work as a nurse assistant, I was in charge of fixing medication for the residents according to a physician prescription. I had done it many times and had been working there for 10 months.

Three weeks ago I made a mistake in the medications and got them mixed up.

I know it could have been very bad if any of the residents took the wrong medication but fortunately a coworker noticed the mistake, but it came to my supervisors attention. She wanted to see me next monday. She told me my mistake was unacceptable and that I was gonna be taken out of the schedule for good.

I never signed anything and I didn't give a two week notice, so I don't know if I'm eligible, any help will be appreciated.

Hi Allen,

Sounds like you were fired for being neglectful in the performance of your job to me when you were told you were being taken off the schedule for good. However, I'm wondering why this isn't obvious to you? Did they offer you a different kind of position?

Whether that one incident amounts to misconduct or not per the unemployment department is yet to be seen. It's a futile practice for me to tell people they are eligible .. because that is often based upon details of an argument I don't know ..

Anything in the employee handbook rules and policies that made you aware of the possible repercussions?

Here's the thing Allen. The employer really can't have someone mixing up meds. The potential to cause harm to the employer's interest is obvious ..

But, the unemployment department's definition or interpretation of "willful work related misconduct" often requires an employee to be warned so they know that any further carelessness could result in termination of employment.

It's like one occurrence can be chalked up to a one time good faith error, but a repeat episode is what nails down your attitude about performing your job as being the cause of negligence or carelessness.

It is not a sure thing, but I know for a fact it is a possibility that you could be found eligible for benefits.

But, I know that this is the type of case that usually ends up at an appeal hearing for a final ruling .. whatever way it goes initially.

Feb 02, 2012

Resign or fire
by: Anonymous

Hello,

I been working with the company for three years and six months now. Last year, I made a few mistake and was warned verbally not to mess up again. Last week, there was this one customer that needs replacement right away and it got to my manager attention. She told me why am I not taking of them and I told her that I am but it will take sometime bc we dont have the item in stock.. She was rushing me saying go to another branch and get it. I went to another branch to ask if they have the item in stock which they do. The branch send us the sales order confirmation to make sure everything is right. I showed it to her and she signed. Right when she was done signing it, she told me to fax the sales order AND bill of lading. Now, the thing is when she says fax it over, I need to fill out the bill of lading form first before I fax it. I have to schedule trucking company to get the merchandise for our customer. I need a pick up number to from the trucking company to fill out the bill of lading. I done all that and fax it over to the branch. A few hours later, she asked if I had checked how much it was to ship from the branch to the customer. I did not. She got really upset, gave me long lecture, and sent me HOME. Before I went home, I beg our trucking sales rep to lower the freight cost but he never got back to .me that day when my manager sent me home. Next day, I went to work, I was told not to come back and get my check. The day when I got my check, I found out that the trucking sales rep fix the freight cost and the customer got the replacement in one peace. I was told by my manager that she don't want me. She says one, I sign the resignation paper and if other company calls, she would give me good reference or two get fire and she will not give good recommendation. I was really hurt bc I been with the company for three years and six months and worked really hard. She told me that she can't laid me off bc she won't be able to hire another person. So either I sign the resignation paper or get fire.......deep down inside me, I honestly know I did the right thing for the customer. I told her I am not going to sign anything. My manager says ok, I'll put you on file. I want to know will I be able to file unemployment?

Click here to add your own comments