having been a passive but equal participent in a verbal confrontation at work with a fellow co-worker.

I am very stressed right now and I would rather just get to the jist of the matter.I was accused of having been a passive but equal participant in a screaming match at work, I was given the choice, of resigning or, termination. I was given the choice and sent home with an e-mail address from the human resource person with instructions to contact them over the weekend on my "decision". What I need to know is which decision would eliminate all chances of me receiving unemployment comp. I have never been in this position before and I don't want to make a totally ignorant decision without any advice. They said that they would not "contest" my request for compensation but I am not sure what they mean by this. This is a time sensitive situation and i need to hear from you now Please help



Hi Anonymous,

Whether you quit or let them fire you, is just a matter of semantics as to what it's called. The advantage to quitting is what you put in your resignation letter.

If you quit, it is a quit in lieu of discharge and the state will consider this a discharge, therefore, putting the burden of proof on the employer.

If they fire you...same thing except not resignation letter.

If you decide to resign, know that the company will probably respond to the state as a quit...this is not contesting, but responding and if you give them a pathetic resignation letter such as I've enjoyed my time here...blah...blah...blah they will send that letter to the state and you may eventually have to appeal.

On the other hand if your resignation letter is used to outline all the reasons you believe your employer was not justified to fire you...(without good cause)...they will more than likely not be do anything, but telling them you quit.

You should be completely honest with the state that you had no choice except to quit because the employer said it was quit or be fired. Make sure they know this.

Your application will definitely prompt questions from the state...so be sure you return any calls you get within the deadline you are given.

Good Luck

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