Search This Site.

Can I collect NYS Unemployment benefits for resigning w/employer initiated separation agreement?

by Ann

Called into office on day agreement was shown to me. Given two weeks to decide if I agreed (I did not initiate agreement). it states (The employee hereby resigns effective as of the termination date,...... Rec'd 3 months compensation along with health benefits (extended to end of year)(plus additional 2 weeks I requested recently, which ended last week) as a stipulation. How do I respond to the New York State application when asked why I left?

I did not leave because I wanted to. I left because there was no given no choice basically. Letter did state I was given 2 weeks to decide and that I sign it voluntary. It also stated "It is recommended that you consult with an attorney before signing this agreement". I check out the cost of this, and all were to start $600+.I do not have that kind of money to invest not knowing how much it could cost me in the end.

Employed by company for over 20 years.



This is just my opinion, but when someone tells me they quit in "lieu" of discharge .. I say telll the state you quit and wait for the part of the questionnaire to explain what happened.

Once it is made clear to the claims adjudicator that you had no choice in the matter, they are supposed to adjudicate the matter as a discharge .. and so they have to gets some facts about why the employer decided to do this.

And that means the underlying reason they had you sign the agreement was because you did something that amounted to willful misconduct.

There's a lot of precedent unemployment decisions where the purpose is determining quit or discharge.

What happened to you .. is just one reason this is true.

Click here to post comments

Return to New York State Unemployment Benefits Questions.

} }